CONNECTICUT GENERAL DEVELOPMENT CORP., ET AL, APPELLANTS,
v.
GABRIEL GUSON, ET AL, APPELLEES
PER CURIAM.
The appellants, having originally filed an answer which was stricken with leave to file an amended answer, were entitled to service of a copy of plaintiffs’ motion for default and notice of hearing on that motion.1 As appellants were not served with the motion for default nor given notice of the hearing thereon before entry of the order entering default, appellants were entitled to have the order entering default set aside and vacated. Therefore, the trial court erred in denying appellants’ motion to set aside the order entering a default.
REVERSED AND REMANDED.
ORFINGER, SHARP and COWART, JJ., concur. . Fla.R.Civ.P. 1.500(b); Carson v. Lee, 450 So. 2d 930 (Fla. 2d DCA 1984); Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980); Fierro v. Lewis, 388 So. 2d 1361 (Fla. 5th DCA 1980). See Trawick, Fla. Frac. & Proc., § 25-2 (1984).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clearvalle, Inc. v. Cohen, 561 So. 2d 1354 (Fla. 4th DCA 1990)…ed that a failure to produce proof of service of the required notice of application for default alone renders the entry of a default judgment erroneous. Gonzalez v. Moriyon, 553 So. 2d 249 (Fla. 3d DCA 1989); Connecticut General Dev. Corp. v. Guson, 477 So. 2d 665 (Fla. 5th DCA 1985); Kiaer v. Friendship, Inc., 376 So. 2d 919 (Fla. 3d DCA 1979); South Florida Vendorama, Inc. v. Colodny, 348 So. 2d 1212 (Fla. 4th DCA 1977). It is not necessary to discuss appellants’ additional grounds for reversal. REVERSE…
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Motzer v. Tanner, 561 So. 2d 1336 (Fla. 5th DCA 1990)…9) (although the mere filing of an appearance solely as a delaying tactic is improper, notice of an application for default is nonetheless required once such notice of appearance has been filed); Connecticut General Development Corporation v. Guson, 477 So. 2d 665 (Fla. 5th DCA 1985) (defendants, having originally filed an answer which was stricken with leave to amend, were entitled to service of a copy of the plaintiff’s motion for default). Since the Motzers did not receive the required notice, we reverse t…
Authorities Cited
- Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980)
- Mira Alfredo Fierro v. Lewis, 388 So. 2d 1361 (Fla. 5th DCA 1980)
- Carson v. LEE, 450 So. 2d 930 (Fla. 2d DCA 1984)