Pierce v. Kroha

The trial court entered a default judgment after Appellants (defendants below) 1 filed a motion to dismiss and motion to clarify instead of an answer, as they had been ordered to do. This was an abuse of discretion. Osheroff v. Osheroff, 694 So.2d 855 (Fla. 3d DCA 1997). Although the better practice to challenge this error would have been a direct appeal, there is authority that it may be challenged by a motion to vacate the judgment. Thaw, Gopman & Assocs., P.A. v. Jack J. Greenberg, M.D. & Assocs., P.A., 595 So.2d 305 (Fla. 3d DCA 1992). Accordingly, we reverse and remand this cause for…