MOTZER v. TANNER

No. 89-1927.

561 So.2d 1336 (1990)

Donald MOTZER, et Ux., Appellants, v. Anthony TANNER, et Ux., Appellees.

District Court of Appeal of Florida, Fifth District.

May 31, 1990.


Attorney(s) appearing for the Case

Charles P. Horn, Hawkes & Horn, Crystal River, for appellants.

George A. Routh, Clearwater, for appellees.


DANIEL, Chief Judge.

Donald and Nelly Motzer, the plaintiffs below, appeal a judgment entered against them on the counterclaim filed by Anthony and Marglen Tanner, the defendants below. The Motzers contend that the trial court erred in striking their motion to dismiss the counterclaim and in entering a default and summary judgment against them. We agree and accordingly reverse and remand for further proceedings.

On June 16, 1989, the Motzers filed a complaint...

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