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BENNETT v. DEMPSEY & GOLDSMITH, P.A.

No. 92-3091.

625 So.2d 1324 (1993)

L. Howard BENNETT, Appellant, v. DEMPSEY & GOLDSMITH, P.A., Appellee.

District Court of Appeal of Florida, Fifth District.

November 5, 1993.

Attorney(s) appearing for the Case

Stephen B. Shell of Shell, Fleming, Davis & Menge, P.A., Pensacola, for appellant.

Samuel J. Weiss of Weiss and Perla, P.A., Winter Park, for appellee.

COBB, Judge.

The default must be set aside and the corresponding final judgment predicated thereupon vacated because the defendant served a responsive pleading on the same day the default was entered. See Nasrallah v. Smith, 538 So.2d 554 (Fla. 5th DCA 1989); Roche v. Commercial Technical Consultants Co., 534 So.2d 1243 (Fla. 5th DCA 1988).

REVERSED.

HARRIS, C.J....

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