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J&J INDUSTRIES, INC. v. CARPET SHOWCASE OF TAMPA BAY, INC.

No. 98-01557.

745 So.2d 1042 (1999)

J&J INDUSTRIES, INC., Appellant, v. CARPET SHOWCASE OF TAMPA BAY, INC., Appellee.

District Court of Appeal of Florida, Second District.

October 27, 1999.

Attorney(s) appearing for the Case

Walter Edwards Aye of Walter Edwards Aye, P.A., Tampa, for Appellant.

Richard J. Dafonte of Richard J. Dafonte, P.A., Largo, for Appellee.

PARKER, Acting Chief Judge.

J&J Industries, Inc. (J&J), appeals the order entering a default against J & J for failing to timely file an answer, and the nonfinal order dismissing its counterclaim against Carpet Showcase of Tampa Bay, Inc. (Carpet). We reverse the default and affirm the dismissal of the counterclaim.

J&J asserts that the trial court erred by entering the default on its own motion without giving J&J notice of default when...

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