Florida District Courts of Appeal, 1995

Byfield v. National Westminister Bank PLC

Byfield v. National Westminister Bank PLC
Florida District Courts of Appeal · Decided July 5, 1995 · Dell, Klein, Shahood
657 So. 2d 931; 1995 Fla. App. LEXIS 7275; 1995 WL 390308 (Southern Reporter, Second Series)

Byfield v. National Westminister Bank PLC

Opinion of the Court

PER CURIAM.

We agree with appellant that the trial court should have granted his motion to set aside the default entered by the court, because prior to the entry of the default, appellant had filed a responsive pleading. See Fla.R.Civ.P. 1.500(c); Nants v. Faria, 553 So.2d 369, 370 (Fla. 5th DCA 1989); Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So.2d 1015, 1016 (Fla. 4th DCA 1982). We do not agree with appellant that the trial court lacks jurisdiction over him or that venue was improper.

Affirmed in part and reversed in part.

DELL, KLEIN and SHAHOOD, JJ., concur.

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