HomeMy WebLinkAbout0821 " ~
}
~
t
~~s$ IN THE CIRCUIT COURT 4F THE
NINETEENTH JUDICIAL CIRCUIT,
~ IN AND FOR ST. LUCIE (70UNTY,
~ FLORIDA. CIVIL ACTION
~
CASE NO. 76-419
REX W. COULSON and AVIS M, )
CUULSON, his wife,
)
~ Appellants,
)
ORDER ON APPEAL
)
HAROLD E, BOWERS and
MARIBEA S. 80WERS, his wife, )
Appellees. )
)
This cause came on to be orally argued on January 19, 1977, and
the Court having considered the brief of Appellant, it appears that:
Appellees filed a complaint below to which Appellants filed a
motion to strike as sham. This motion was denied and Appellants were
given ten days to plead further. When more than ten days passed without
further pieading, Appellees filed a Motion for D~efault which was entered
by the Cierk. All parties agree that the Clerk's action was improper under
; Fl. Rule Civii Proc. 1. 500 as Appellants had previously filed a motion in
' - 3
~ the case. Appeltants subsequent~y (later the same day as the Clerk's de- ~
i
~ fauit was entered) filed motions to dismiss and to quash the complaint.
~
f
~ Appetlees gave notice to Appellants of a hearing upon "A11 P+ending Motions,
f including Plaintiff's Motion for Default. " The hearing was held March 30, ;
~ -
. 1976; on April 2d, the Court entered a Iaefault; and on April 9th, the Court
, entered the Finai Judgment from which this appeal is taken.
i
Appettants were en[itied to file pleadings or otherwise defend at ~
any time prior to the entry of a Defautt under Rule 1. 500. This they did
i
I -
4 prior to the entry of the Defauit by the Court. Accordingly,~the Court should
have ruled upon the pending motions of Appettants and not have entered the
a~~ ~ 8~7
~
~