Haitian Community Flamingo Auto Parts Corp. v. Landmark First National Bank of Ft. Lauderdale

After denial of its motion to dismiss appellee’s complaint for foreclosure of a mortgage, appellant was given ten days to file an answer. Upon expiration of that period, appellee moved for entry of default, no answer having been filed. The motion for default was set for hearing on July 9, 1986. Appellant filed its belated answer to the complaint on July 1. As a result of the hearing of July 9 default was entered against appellant despite the fact that its answer had been filed.

Rule 1.500(b) and (c), Florida Rules of Civil Procedure, provide that the court may enter a default only where the…