Affordable Homes, Inc. v. McKinney-Green, Inc.

WENTWORTH, Judge.

Appellants seek review of a default order and judgment of liability in a mortgage foreclosure action. The default was entered upon a determination that appellants had failed to plead or otherwise defend the action. We find that the court erred by declining to consider appellants’ motion to dismiss as a defensive response. We therefore reverse the default order and judgment of liability.

After a complaint seeking foreclosure of a mortgage was filed appellants moved for dismissal, contending that because of a pleading deficiency the complaint did not state a cause of action.…