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THAW, GOPMAN & ASSOCIATES, P.A. v. GREENBERG

No. 91-2759.

595 So.2d 305 (1992)

THAW, GOPMAN & ASSOCIATES, P.A., and Ronald Thaw, Appellants, v. Jack J. GREENBERG, M.D. & ASSOCIATES, P.A.; Jack Jay Greenberg, M.D., not individually but as Trustee for Jack Jay Greenberg, M.D. & Associates, P.A. Pension Plan, and as Personal Representative for the Estate of Esther Greenberg; and William Z. Yahr, M.D., not individually but as Trustee for Jack Jay Greenberg, M.D. & Associates, P.A. Pension Plan, and as Trustee for the Beatrice Yahr Trust, Appellees.

District Court of Appeal of Florida, Third District.

March 24, 1992.

Attorney(s) appearing for the Case

Hinshaw & Culbertson and Jeffrey A. Blaker and Ronald L. Kammer, Miami, for appellants.

Weintraub & Rosen and Lee Weintraub, Richey, Munroe, Fine, Goodman & Armstrong, and William Richey, Miami, for appellees.

Before BASKIN, LEVY and GERSTEN, JJ.

PER CURIAM.

We reverse the order denying the motion to vacate default filed by defendants Thaw, Gopman & Assoc., P.A., and Ronald Thaw. Under the circumstances of this case, the submission of motions to modify a stay and to dismiss the complaint instead of an answer as provided in the trial court's order does not merit entry of a default. Joseph v. Marese, 534 So.2d 920 (Fla. 3d DCA 1988); Techno Indus. Corp. v. Cooper...

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