Dinter v. Potter, 414 So. 2d 582 (Fla. 1st DCA 1982). · Go Syfert
Dinter v. Potter, 414 So. 2d 582 (Fla. 1st DCA 1982). Cases Citing This Book View Copy Cite
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Heinz DINTER and Martha Dinter
v.
Duane E. POTTER
No. AF-407.
District Court of Appeal of Florida, First District.
May 12, 1982.
414 So. 2d 582
1982 Fla. App. LEXIS 19980
Ronald L. Fried of Golembe & Fried, P. A., Miami, for appellants., P. Michael Patterson, Pensacola, for ap-pellee.
Mills, Shaw, Smith.
Published
MILLS, Judge.

The Dinters appeal the trial court’s refusal to vacate a default entered against them. We affirm.

The Dinters were granted an extension of time to answer the complaint. In granting the extension, the trial court ordered that the answer be filed by 16 December 1980, or that a default would be entered. Because the answer was not timely filed, the default was properly entered by the clerk.

The Dinters have shown no abuse of discretion by the trial court in refusing to vacate the default. In fact, it appears that the trial court extended the filing time on 12 December 1980 based on the statement of the Dinters’ attorney that the answer was mailed to the clerk on 11 December 1980 when it was not mailed until a later date.

LARRY G. SMITH and SHAW, JJ., concur.