AB INITIO
Commonly used in referring to the time when an action (or instrument; or interest in property) becomes legally valid.
We hold that the clerk's default was void ab initio because appellants served their answer and affirmative defenses before the clerk entered its default. Therefore, appellants were not required to raise the argument in the trial court that the default was void in order to preserve that point for appellate review. See Sunniland Bank v. Mosley, 659 So.2d 1184 (Fla. 4th DCA 1995); Clement v. Marcus, Stowell Beye, Inc., 516 So.2d 1137 (Fla. 4th DCA 1987); Gibraltar Serv. Corp. v. Lone and Assoc., 488 So.2d 582 (Fla. 4th DCA 1986); Chester, Blackburn Roder, Inc. v. Marchese, 383 So.2d 734 (Fla. 3d DCA 1980). Accordingly, we reverse and remand with directions to the trial court to vacate the default and the final judgment entered thereon.
You'll probably need to reference a legal glossary during your pursuit of justice.
For instance, you may need the technical definition of a word in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
