Sansbury v. Wells Fargo Bank, N.A., 204 So. 3d 985

Wells Fargo filed an amended complaint to foreclose a mortgage against Tom and Donna Sansbury.
Borrowers moved for an extension of time to file a responsive pleading; the trial court granted a 20-day extension.
After the extension expired, Wells Fargo moved for entry of a judicial default and scheduled a hearing.
On the day of the hearing (early morning), the borrowers e-filed a "Motion to Dismiss or for Sanctions."
The trial court held the hearing and entered a judicial default despite the pending motion to dismiss, reasoning the dismissal was filed after the extension period.
Borrowers appealed, arguing entry of default while their dismissal motion was pending violated Fla. R. Civ. P. 1.500(c).

Issue	Plaintiff's Argument (Wells Fargo)	Defendant's Argument (Sansbury)	Held
Whether entry of judicial default was proper while a motion to dismiss was pending	Default was proper because borrowers filed the dismissal after the court-granted extension expired	Default was improper because a party may "plead or otherwise defend at any time before default is entered," so the pending motion precluded default	Reversed: default improper because dismissal motion was pending when default entered

Thompson v. Hancock Bank, 158 So. 3d 613 (Fla. 5th DCA 2013) (responsive pleading served before default precludes default even if late under court order)
Nants v. Faria, 553 So. 2d 369 (Fla. 5th DCA 1989) (setting aside default where responsive pleading served prior to entry)
Nasrallah v. Smith, 538 So. 2d 554 (Fla. 5th DCA 1989) (same)
Drake v. Public Health Trust of Dade County, 832 So. 2d 172 (Fla. 3d DCA 2002) (response filed before default hearing precluded default judgment)
Lenhal Realty Inc. v. Transamerica Commercial Fin. Corp., 611 So. 2d 79 (Fla. 4th DCA 1992) (motion to dismiss filed before default barred default entry)
Carder v. Pelican Cove West Homeowners Ass'n, Inc., 595 So. 2d 174 (Fla. 5th DCA 1992) (motion to dismiss precluded subsequent default)