1. Home
  2. Browse Decisions
  3. F.2d
  4. 874 F.2d
  5. 874 F.2d 274 (1989)
 

SUN BANK OF OCALA v. PELICAN HOMESTEAD AND SAV.

No. 88-3952 Summary Calendar.

874 F.2d 274 (1989)

SUN BANK OF OCALA, Plaintiff, v. PELICAN HOMESTEAD AND SAVINGS ASSOCIATION, Defendant and Third Party Plaintiff-Appellee, v. AMERICAN FIRST MORTGAGE FUNDING CORP., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 2, 1989.

Attorney(s) appearing for the Case

Dwight Doskey, Cherbonnier, Ohlmeyer & Doskey, Harvey, La., for plaintiff.

William E. Wright, Jr., Gary J. Giepert, New Orleans, La., for Pelican.

Before RUBIN, GARWOOD, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue is whether a corporate defendant in a suit "appeared" in the action, within the meaning of Federal Rule of Civil Procedure 55(b)(2), when it mailed a motion to dismiss to the clerk of court and sent a copy to plaintiff's counsel, but the clerk refused to file it and returned it to the party because the motion did not comply with local rules. We hold that this mailing constituted an appearance and that a default judgment should...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases