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Byfield v. Coutts Co.

District Court of Appeal of Florida, Fourth District
Jul 5, 1995
657 So. 2d 62 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-0162.

July 5, 1995.

Appeal from the Circuit Court, Broward County, Paul M. Marko, III, J.

Peter Phillip Byfield, London, England, pro se.

Eric D. Isicoff of Isicoff Ragatz, P.A., Miami, for appellee.


We agree with appellant that the trial court should have granted his motion to set aside the default entered by the court, because prior to the entry of the default, appellant had filed a responsive pleading. See Fla.R.Civ.P. 1.500(c); Nants v. Faria, 553 So.2d 369, 370 (Fla. 5th DCA 1989); Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So.2d 1015, 1016 (Fla. 4th DCA 1982). We do not agree with appellant that the trial court lacks jurisdiction over him or that venue was improper.

Affirmed in part and reversed in part.

DELL, KLEIN and SHAHOOD, JJ., concur.


Summaries of

Byfield v. Coutts Co.

District Court of Appeal of Florida, Fourth District
Jul 5, 1995
657 So. 2d 62 (Fla. Dist. Ct. App. 1995)
Case details for

Byfield v. Coutts Co.

Case Details

Full title:PETER PHILLIP BYFIELD, APPELLANT, v. COUTTS CO., A BANK, ETC., APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 5, 1995

Citations

657 So. 2d 62 (Fla. Dist. Ct. App. 1995)