CARR v. BUTLER

No. 90-2723.

590 So.2d 508 (1991)

Michael F. CARR, Individually and as Trustee of 5914 North Surf Road Trust, Appellant, v. Mark F. BUTLER and Donald J. Kisslan, Appellees.

District Court of Appeal of Florida, Fourth District.

December 4, 1991.


Attorney(s) appearing for the Case

Jerald C. Cantor of Engelberg, Cantor & Kushner, P.A., Hollywood, for appellant.

Mark F. Butler and Donald J. Kisslan, pro se appellees.


PER CURIAM.

This case involves a default entered by the clerk and a default judgment subsequently rendered by the court. While it may be true that appellant did not timely file a pleading responsive to the cross-claim upon which default was entered, he had previously filed several documents in the case. Under such circumstances Florida law is reasonably clear that a clerk's default under rule 1.500(a), Florida Rules of Civil Procedure, is inappropriate since it cannot...

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