Default Order

Without going into allot of details. I filed a motion for default in a child support case in the state of Florida.

I had the DOR server by the sheriff’s office with a motion to dismiss, they failed to respond and default was entered for lack of response to the motion to dismiss.

My question:

Once a default is entered by the Clerk, the court lost its jurisdiction to enter or entertain any motions other than a motion to set aside the default. Right?

If I am right what Florida law and or case law support this so I can go at the judge with this?

joe38socalif:

Once a default is entered by the Clerk, the court lost its jurisdiction to enter or entertain any motions other than a motion to set aside the default. Right?

Most likely not right. Or not entirely right. 

Some detail would help.

You seem to be using "default" and "dismiss" interchangeably when they are distinctly different.

For example, a "default" judgment requires a motion to set aside the judgment but a "dismiss" needs only for the underlying action to be refiled.