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AFFORDABLE HOMES, INC. v. McKINNEY-GREEN, INC.

No. BS-426.

509 So.2d 407 (1987)

AFFORDABLE HOMES, INC., Now Known As Affordable Construction, Esther Silber, Saul Silber, O.G. Feaster, Jr., Shirley Feaster, Silber Feaster Investments, Inc., Now Known As Investments of S and F, Inc., Appellants, v. McKINNEY-GREEN, INC., Appellee.

District Court of Appeal of Florida, First District.

July 9, 1987.

Attorney(s) appearing for the Case

Stephen B. Rakusin, of Rakusin & Rakusin, Gainesville, for appellants.

Theodore M. Burt, Trenton, for appellee.

WENTWORTH, Judge.

Appellants seek review of a default order and judgment of liability in a mortgage foreclosure action. The default was entered upon a determination that appellants had failed to plead or otherwise defend the action. We find that the court erred by declining to consider appellants' motion to dismiss as a defensive response. We therefore reverse the default order and judgment of liability.

After a complaint seeking foreclosure of a mortgage...

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