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BISCHOFF v. DIXIE AUTO PARTS & EQUIPMENT CORP.

No. 77-58.

346 So.2d 146 (1977)

Jon E. BISCHOFF, Appellant, v. DIXIE AUTO PARTS AND EQUIPMENT CORP., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

May 17, 1977.

Attorney(s) appearing for the Case

Turner, Hodson, Watkins & Lynn, Homestead, for appellant.

William M. Manker, Miami, for appellee.

Before HENDRY, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.

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...

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