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

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.

Reference

Full Case Name
Cecilio FERNANDEZ and Aleida Fernandez v. Maria A. COLSON
Cited By
1 case
Status
Published