J&J Industries, Inc. v. Carpet Showcase of Tampa Bay, Inc.

PARKER, Acting Chief Judge.

J&J Industries, Inc. (J&J), appeals the order entering a default against J & J for failing to timely file an answer, and the nonfinal order dismissing its counterclaim against Carpet Showcase of Tampa Bay, Inc. (Carpet). We reverse the default and affirm the dismissal of the counterclaim.

J&J asserts that the trial court erred by entering the default on its own motion without giving J&J notice of default when J&J had filed a counterclaim and an answer before the court ordered the default. Florida Rule of Civil Procedure 1.500(b) provides:

When a party against whom…