Mr. Martinez of Miami, Inc. v. Ponce De Leon Federal Savings & Loan Ass'n

Ponce De Leon Federal Savings sued Mr. Martinez to foreclose a mortgage. Mr. Martinez filed, by mail, a motion to stay proceedings which, according to the certificate of service, was served by mail on the twentieth day following service of the complaint. On the twenty-first day, and before Mr. Martinez’s motion to stay reached the clerk, the bank filed a motion for a clerk’s default. The default was entered on the twenty-second day. Mr. Martinez’s motion to stay was received by the clerk on the twenty-third day. The postal cancellation stamp also bears a date of the twenty-third day following…