Nemeth v. Shore

DANAHY, Chief Judge.

In this review of an order denying a request for writ of mandamus directed to the Clerk of the Circuit Court, we address the question whether the clerk may properly enter a default on the twenty-first day following personal service of process on a party against whom affirmative relief is sought, when the clerk’s file reflects no timely response from that party.

The problem arises from the fact that a response must be served within twenty days after service of original process. Fla. R.Civ.P. 1.140. Service may be accomplished by mail and is deemed complete upon mailing.…