Friday, October 15, 2010 5:04:30 PM
(1) In Florida state court, the general rule is that a defendant has 20 days from service of process to serve an answer upon the plaintiff, not 21 days.
http://phonl.com/fl_law/rules/frcp/frcp1140.htm
(2) You don't just "lose period." First, you can move to set aside the default.
http://phonl.com/fl_law/rules/frcp/frcp1500.htm
(3) If judgment enters, you can move for relief from judgment.
http://phonl.com/fl_law/rules/frcp/frcp1540.htm
(4) No appeals, you say? Of course you can appeal from a court's denial of your request to set aside a default. Here is one such Florida case.
http://scholar.google.com/scholar_case?case=8493684115853086726&q=28+So.3d+166&hl=en&as_sdt=40000002
Again, based solely on the docket, JBI et al. cannot be defaulted because there is no return of service reflected on the record. Without service of process (assuming, again, that there has been none), the case goes nowhere, and will eventually be dismissed by the court once it comes up for status review.
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