Carr v. Butler

This case involves a default entered by the clerk and a default judgment subsequently rendered by the court. While it may be true that appellant did not timely file a pleading responsive to the cross-claim upon which default was entered, he had previously filed several documents in the case. Under such circumstances Florida law is reasonably clear that a clerk’s default under rule 1.500(a), Florida Rules of Civil Procedure, is inappropriate since it cannot be said that the defaulted party “has failed to file or serve any paper in the action_” See, e.g., Cardet v. Resolution Trust Corp., 563…