Fernandez v. Colson
Florida District Courts of Appeal
Fernandez v. Colson, 472 So. 2d 868 (1985)
10 Fla. L. Weekly 1738; 1985 Fla. App. LEXIS 14999
Nesbitt, Pearson, Schwartz
Fernandez v. Colson
Opinion of the Court
The order denying the defendant’s motion to set aside a default judgment is reversed because the stipulation of counsel for the respective parties agreeing to a mutual restraining order which was filed as part of the record constituted a “paper” within the meaning of Florida Rule of Civil Procedure 1.500(b). Thereafter, it was incumbent upon the movant to give notice for the application of a default. Due to this deficiency, it was not necessary for the movant, in seeking to vacate the default judgment, to establish either excusable neglect or a meritorious defense. See Kiaer v. Friendship, Inc., 376 So.2d 919 (Fla. 3d DCA 1979).
The order denying the motion to set aside the default is reversed.
Reference
- Full Case Name
- Cecilio FERNANDEZ and Aleida Fernandez v. Maria A. COLSON
- Cited By
- 1 case
- Status
- Published