HOWARD BLOOM, APPELLANT,
v.
PALMETTO FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLEE
HOWARD BLOOM, APPELLANT,
PALMETTO FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLEE
477 So. 2d 48
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellee moved in the trial court for a default against appellant for failure to timely plead. The matter was set for hearing before the trial court, however, appellant never received notice thereof until four days after the hearing date. Entry of a default without adequate notice to appellant was error requiring reversal of the default judgment. Okeechobee Insurance Agency v. Barnett Bank, 434 So. 2d 334 (Fla. 4th DCA 1983).
Accordingly, the judgment is reversed and the cause is remanded to the trial court for further proceedings.
DOWNEY, ANSTEAD and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Zeigler v. Huston, 626 So. 2d 1046 (Fla. 4th DCA 1993)…v. Florida East Coast Railway, 622 So. 2d 489 (Fla. 1st DCA 1993) (default entered when party failed to appear at pretrial conference was error since party had no notice of application for default). See also Bloom v. Palmetto Fed. Sav. & Loan Ass’n, 477 So. 2d 48 (Fla. 4th DCA 1985); Barry v. Barry, 324 So. 2d 644 (Fla. 4th DCA 1976). Failure to give adequate notice and opportunity to be heard constitutes a violation of due process. See Wildwood Properties, Inc. v. Archer of Vero Beach, Inc., 621 So. 2d 691…
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Barnett Bank OF S. Fla., N.A. v. Blaise Picchi & Credit Bureau of Miami, Inc., 503 So. 2d 1373 (Fla. 4th DCA 1987)…s of filing a notice of appearance in such circumstances, we must reverse. Okeechobee Insurance Agency, Inc. v. Barnett Bank of Palm Beach [*1374] County, 434 So. 2d 334 (Fla. 4th DCA 1983); see also Bloom v. Palmetto Federal Savings and Loan Ass’n, 477 So. 2d 48 (Fla. 4th DCA 1985). Contra Fierro v. Lewis, 388 So. 2d 1361 (Fla. 5th DCA 1980). In Okeechobee, 434 So. 2d at 334, this court held that implicit in the notice requirement of Rule 1.500(b) is a hearing requirement. In that case this court considere…
Authorities Cited
- Okeechobee Ins. Agency, Inc. v. Barnett Bank OF Palm Beach Cnty., 434 So. 2d 334 (Fla. 4th DCA 1983)