Florida District Courts of Appeal, 1985

Fernandez v. Colson

Fernandez v. Colson
Florida District Courts of Appeal · Decided July 16, 1985 · Nesbitt, Pearson, Schwartz
472 So. 2d 868; 10 Fla. L. Weekly 1738; 1985 Fla. App. LEXIS 14999 (Southern Reporter, Second Series)

Fernandez v. Colson

Opinion of the Court

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.