Mohammad v. J.I. Kislak Mortgage Corp.

The entry of a default judgment is improper when the party against whom the default is entered has filed a responsive pleading prior to the hearing on the motion for default. See Haitian Community Flamingo Auto Parts Corp. v. Landmark First Nat’l Bank of Ft. Lauderdale, 501 So.2d 170 (Fla. 4th DCA 1987); Leon Shaffer Golnick Advertising v. Cedar, 423 So.2d 1015 (Fla. 4th DCA 1982); Fla.R.Civ.P. 1.500(b), (c); see also Chester, Blackburn & Roder, Inc. v. Marchese, 383 So.2d 734 (Fla. 3d DCA 1980) (answer filed before order of default filed with the clerk pre-eludes entry of order of default).…