Legal Opinion

Bob White's Cap, Inc. v. Ocean Foods, Inc.

District Court of Appeal of Florida

Decided August 15, 2001No. 4D00-4653Published

1Per curiam

Bob White’s Cap, Inc., Robert White and White Cap of Florida, Inc ., appeal the final judgment of default entered in favor of Ocean Foods, Inc., and Jen L., Inc. Appellants claim they are entitled to relief because their answer to the complaint was served the same day the clerk entered the defaults. We find that Gibraltar Serv. Corp. v. Lone and Assocs., Inc., 488 So.2d 582 (Fla. 4th DCA 1986), controls and the default should have been vacated. See also DeRosa v. Pugliese, 782 So.2d 1011 (Fla. 4th DCA 2001); Sunniland Bank v. Mosley, 659 So.2d 1184 (Fla. 4th DCA 1995). We, therefore, reverse…

2Cases cited3 opinions

  1. Gibraltar Serv. Corp. v. LOAN & ASSOCIATESDistrict Court of Appeal of Florida · 1986
  2. DeRosa v. PuglieseDistrict Court of Appeal of Florida · 2001
  3. Sunniland Bank v. MosleyDistrict Court of Appeal of Florida · 1995

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