Legal Opinion

Brown v. Brown

District Court of Appeal of Florida

Decided April 9, 1999No. 98-1559PublishedCited by 1 opinion

1Opinion of the Court

THOMPSON, J.,

Elaine M. Brown appeals a final judgment of dissolution.

The clerk was not authorized to enter the default. Florida Rule of Civil Procedure 1.500(a) provides:

When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper.

*407In Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980) this court stated:

If a party files pleadings as Turner did in this case (a motion to dismiss in response to the original complaint and a stipulation for…

2Cases cited2 opinions

  1. Mo-Con Properties v. Am. MechanicalDistrict Court of Appeal of Florida · 1974
  2. Turner v. AllenDistrict Court of Appeal of Florida · 1980

3Cited by1 opinion

  1. 720 South Howard, LLC v. Gina Investments, LLCDistrict Court of Appeal of Florida · 2016

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