Florida District Courts of Appeal, 1977

Bischoff v. Dixie Auto Parts & Equipment Corp.

Bischoff v. Dixie Auto Parts & Equipment Corp.
Florida District Courts of Appeal · Decided May 17, 1977 · Carroll, Hendry, Pearson, Ret
346 So. 2d 146 (Southern Reporter, Second Series)

Bischoff v. Dixie Auto Parts & Equipment Corp.

Opinion of the Court

PER CURIAM.

Appellant seeks review by this interlocutory appeal of an order of the Circuit Court for Dade County denying a motion to dismiss a counterclaim and cross-claim filed by the appellee against him subsequent to the entry of a default against it in a foreclosure suit. We find error and reverse.

It was error for the trial court to allow appellee, Dixie Auto Parts and Equipment Corp. to file and prosecute a cross-claim against appellant, a co-defendant, after a default had been entered against it. The Florida Rules of Civil Procedure provide that a party in default may not file pleadings in an action, other than those pleadings of such nature as seek relief from the default. Fla.R.Civ.P. 1.500; Somerville v. Skidmore, 175 So.2d 575 (Fla.3rd DCA 1965). The order appealed is reversed.

Reversed.

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