Thaw, Gopman & Associates, P.A. v. Jack J. Greenberg, M.D. & Associates, P.A.

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 Indus., Inc., 410 So.2d 584 (Fla. 3d DCA 1982).

Reversed and remanded.