Williams v. Express Leasing, Inc.

On December 4, 1989, plaintiff Express Leasing filed a complaint in Volusia County *769Circuit Court against the defendant, William Williams, alleging breach of contract, fraud and breach of-an implied warranty. The complaint was served on the defendant in Pinellas County on December 15, 1989. On January 12, 1990, the plaintiff moved for a default alleging that the defendant had failed to serve any paper in the cause. A clerk’s default was entered on January 16, 1990. However, a motion to dismiss containing a service date of January 8, 1990 was filed on January 17, 1990.

Thereafter, on January 30,…