OSIEL GONZALEZ, D/B/A OSIEL GONZALEZ INSURANCE AGENCY, APPELLANT,
v.
JUDAS MORIYON, APPELLEE
OSIEL GONZALEZ, D/B/A OSIEL GONZALEZ INSURANCE AGENCY, APPELLANT,
JUDAS MORIYON, APPELLEE
553 So. 2d 249
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Florida Rule of Civil Procedure 1.500(b) states that if a party has filed or served any paper in an action, that party is entitled to notice of the opposing party’s application for default. In this case, appellant/defendant had filed a motion to dismiss the action; thus, appellee/plaintiff’s failure to produce a certificate showing proof that he notified appellant of his application for a default judgment, Fla.R.Civ.P. 1.080(f), is grounds to vacate the trial court’s order granting default. Carson v. Lee, 450 So. 2d 930 (Fla. 2d DCA 1984); Kiaer v. Friendship, Inc., 376 So. 2d 919 (Fla. 3d DCA 1979).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clearvalle, Inc. v. Cohen, 561 So. 2d 1354 (Fla. 4th DCA 1990)…hen appellants were not present. There was no prior notice. It is well settled 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…
Authorities Cited
- Kiaer v. Friendship, Inc., 376 So. 2d 919 (Fla. 3d DCA 1979)
- Carson v. LEE, 450 So. 2d 930 (Fla. 2d DCA 1984)