Thomas v. Nathan

Citations

• 65 Fla. 391

Syllabus

<p>On Rehearing.</p> <p>1. Where there is in fact a default, the omission to make an entry thereof may be a merely technical and harmless error.</p> <p>2. Where there is a default in fact and it does not affirmatively appear that a default judgment was not entered, and it may be inferred from the record that such an entry was made but was not included in the transcript on writ of error, the final judgment will not be reversed because no default judgment is in the transcript of the record.</p> <p>3. A party in default may make a motion for a new trial in a cause in due course if the proceedings justify it.</p> <p>Rehearing Denied.</p>