equitable tolling claim, it may simply accept his factual allegations as true, and afford him a hearing to contest the factual allegations of the administrative complaint. REVERSED AND REMANDED. TORPY and EVANDER, JJ., concur. 1 . More specifically, these facts would support the Board's findings that Nicks violated section 489.129(l)(m) by committing incompetency or misconduct in the practice of contracting; violated section 489.129(l)(n), Florida Statutes, by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property; and, violated section 489.129(1)0, Florida Statutes, by abandoning a construe tion project by terminating the project without just cause. Nicks argues that even if he waived his right t .2d 182, 183 (Fla.1952) (<HOLDING>). The only issues remaining after a waiver are
holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact recognizing our authority to order suspension of a judge recognizing the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief recognizing that the rule appears to be general that where the information specifies the charge and no defense is offered and a default is taken the order of suspension may not require a finding of fact to support it holding that district court had not erred in declining to vacate default judgment when defendant offered mere general denial without facts to support it