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Mr. MARTINEZ OF MIAMI, INC. v. PONCE DE LEON FED. S & L ASS'N

No. 89-2875.

558 So.2d 153 (1990)

Mr. MARTINEZ OF MIAMI, INC., a Florida Corporation, Leonel Martinez and Margarita Martinez, Appellants, v. PONCE DE LEON FEDERAL SAVINGS AND LOAN ASSOCIATION, a Federal Savings and Loan Association, Appellee.

District Court of Appeal of Florida, Third District.

March 13, 1990.

Attorney(s) appearing for the Case

Young, Stern & Tannenbaum and Andrew S. Berman, North Miami Beach, for appellants.

Steel Hector & Davis and Lazaro Fernandez, Jr. and Adalberto Jordan, Miami, for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

Ponce De Leon Federal Savings sued Mr. Martinez to foreclose a mortgage. Mr. Martinez filed, by mail, a motion to stay proceedings which, according to the certificate of service, was served by mail on the twentieth day following service of the complaint. On the twenty-first day, and before Mr. Martinez's motion to stay reached the clerk, the bank filed a motion for a clerk's default. The default was entered on the twenty-second day. Mr. Martinez's motion...

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