Chapter 1-5 Motions/Pleading Practice

• Jurisdiction: Florida

1-5 Motions/Pleading Practice

Defendants may avoid a default by responding to the Complaint (by way of pleading or motion) within 20 days from when they were served.⁴⁸ If 20 days have passed, but the plaintiff has not yet sought a default, a defendant may still respond to the Complaint at any time prior to the entry of a default.⁴⁹ A case that progresses beyond the default stage will proceed to pleadings and motions. For a complete discussion of available responses to foreclosure complaints, see Chapter 7: Responses to Foreclosure Complaints.

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Notes:

^[48] Fla. R. Civ. P. 1.140.

^[49] Lake Towers, Inc. v. Axelrod, 216 So. 2d 86 (Fla. 4th DCA 1968).