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DEROSA v. PUGLIESE

No. 4D00-3001.

782 So.2d 1011 (2001)

Paul DeROSA, Vito DeRosa, and Nicoletta DeRosa, Appellants, v. Dominick PUGLIESE, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 2001.

Attorney(s) appearing for the Case

Bard D. Rockenbach of Sellars, Marion & Bachi, P.A., West Palm Beach, for appellants.

Roger C. Hurd of Hurd, Horvath & Dinkin, P.A., Palm Beach Gardens, for appellee.

PER CURIAM.

Paul DeRosa, Vito DeRosa and Nicolette DeRosa appeal the trial court's Final Judgment of Default entered in favor of Dominick Pugliese. We reverse and remand.

Appellee filed his motion for entry of clerk's default on August 28, 1998. Appellants served their "Answer with Affirmative Defenses" by mail on September 11, 1998. The Clerk did not enter default until September 15, 1998.

Florida Rule of Civil Procedure 1.491 provides:

When...

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