OLGA SKLAR, APPELLANT,
v.
ANN BRAWLEY, APPELLEE
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SCHWARTZ, Chief Judge.
Because the plaintiff improperly took a default without notice after communicating with opposing counsel, who clearly indicated his intention to defend on the merits, see Ole, Inc. v. Yariv, 566 So. 2d 812 (Fla. 3d DCA 1990); Gulf Maintenance & Supply, Inc. v. Barnett Bank of Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989), the default should have been set aside whether or not the answer raised a meritorious defense. Cardet v. Resolution Trust Corp., 563 So. 2d 167, 169 (Fla. 3d DCA 1990); J.A.R., Inc. v. Universal Am. Realty Corp., 485 So. 2d 467 (Fla. 3d DCA 1986); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734, 735 n. 3 (Fla. 3d DCA 1980).1
Reversed.
. For this reason we express no view as to whether a “meritorious defense" was in fact presented.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Nat'l Union Fire Ins. Co. of Pittsburgh, P.A. v. McWILLIAMS, 799 So. 2d 378 (Fla. 4th DCA 2001)…n to defend the case. See Apple Premium Fin. Serv. Co. v. Teachers Ins. & Annuity Ass’n of Am., 727 So. 2d 1089 (Fla. 3d DCA 1999) (default should be set aside where there were pre-suit negotiations between counsel for both sides); Sklar v. Brawley, 651 So. 2d 1314 (Fla. 3d DCA 1995) (plaintiff improperly took a default without notice after actually communicating with opposing counsel); Ole, Inc. v. Yariv By and Through Yariv, 566 So. 2d 812, 814 (Fla. 3d DCA 1990) (defendant called plaintiffs counsel and aske…1 / 2
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Apple Premium Fin. Serv. Co. v. Teachers Ins. & Annuity Ass'n OF Am. & Chase Bank of Tex. Nat'l Ass'n, 727 So. 2d 1089 (Fla. 3d DCA 1999)…by counsel who has expressed an intention to defend on the merits.’” Ole, Inc. v. Yariv, 566 So. 2d 812, 815 (Fla. 3d DCA 1990) (quoting Gulf Maintenance & Supply, Inc. v. Barnett Bank, 543 So. 2d 813, 816 (Fla. 1st DCA 1989)); see Sklar v. Brawley, 651 So. 2d 1314 (Fla. 3d DCA 1995); Rapid Credit Corp. v. Sunset Park Centre, Ltd., 566 So. 2d 810, 811 (Fla. 3d DCA 1990); Cardet v. Resolution Trust Corp., 563 So. 2d 167, 169 & n. 2 (Fla. 3d DCA 1990). Plaintiffs should have followed that procedure here. [*1091]…
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Nationsbank, N.A. v. Regency Ctrs., Inc., 725 So. 2d 439 (Fla. 4th DCA 1999)…er factor that supports setting aside the default in this ease is that Regency took a default with actual knowledge of Nationsbank intent to litigate the issue of which creditor had priority with respect to the debtor’s assets. See Sklar v. Brawley, 651 So. 2d 1314 (Fla. 3d DCA 1995); Gulf Maintenance & Supply, Inc. v. Barnett Bank of Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989). Deference to the value of collegiality suggests that Regency’s attorney should have contacted the attorney known to be representi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gulf Maint. & Supply, Inc. v. Barnett Bank OF Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989)
- Chester v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980)
- OLE, Inc. v. Yael Yariv, 566 So. 2d 812 (Fla. 3d DCA 1990)
- J.A.R., Inc. v. Universal Am. Realty Corp., 485 So. 2d 467 (Fla. 3d DCA 1986)
- Cardet v. Resolution Tr. Corp., 563 So. 2d 167 (Fla. 3d DCA 1990)