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CARSON v. ROSSIGNOL

No. 89-2916.

559 So.2d 433 (1990)

Wayne CARSON, As Trustee, and Ken Falk, Appellants, v. Keith ROSSIGNOL, Appellee.

District Court of Appeal of Florida, Fourth District.

April 11, 1990.

Attorney(s) appearing for the Case

Wayne Carson of Vesel & Carson, P.A., Fort Lauderdale, for appellants.

Joe Titone of Titone, Roarke & Titone, Lauderhill, for appellee.

GUNTHER, Judge.

We reverse the trial court's denial of Kenneth Falk's motion to vacate the default judgment entered against him by the clerk of court.

Rule 1.500, Florida Rules of Civil Procedure, governs the entry of a default judgment. The pertinent parts provide:

(a) By the Clerk. When a party against whom an affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk...

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