Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third Party

ALVIN B. RUBIN, Circuit Judge:

The issue is whether a corporate defendant in a suit “appeared” in the action, within the meaning of Federal Rule of Civil Procedure 55(b)(2), when it mailed a motion to dismiss to the clerk of court and sent a copy to plaintiff's counsel, but the clerk refused to file it and returned it to the party because the motion did not comply with local rules. We hold that this mailing constituted an appearance and that a default judgment should not have been entered without three-days notice to the defendant.

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Sun Bank of Ocala sued First Financial of Louisiana Savings…