Florida District Courts of Appeal, 1995

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)

Cases that cite this one

2 later published cases cite this decision.

GUILFORT DIEUVIL v. FALCON TRACE HOA (Fla. Dist. Ct. App. 2021)
Kipp v. State (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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