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GOMEZ v. COUNTRY CLUB APARTMENTS

No. 87-1636.

528 So.2d 907 (1988)

Carlos M. GOMEZ and Paulina Gomez, Appellants, v. COUNTRY CLUB APARTMENTS AT BONAVENTURE, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 27, 1988.

Attorney(s) appearing for the Case

Alec Ross, North Miami Beach, for appellants.

No appearance for appellees.

ON REHEARING

GUNTHER, Judge.

Appellants' motion for rehearing to clarify opinion is granted and we substitute the following opinion.

We reverse. The trial court erred in denying appellants' motion to vacate default and in entering default judgment against appellants. The entry of default was improper since appellants' motion to transfer/consolidate was pending before the court at the time the default was entered. Accordingly, the entry of the default...

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