Florida District Courts of Appeal, 1989

Gonzalez v. Moriyon

Gonzalez v. Moriyon
Florida District Courts of Appeal · Decided November 21, 1989 · Hubbart, Jorgenson, Nesbitt
553 So. 2d 249; 14 Fla. L. Weekly 2705; 1989 Fla. App. LEXIS 6447; 1989 WL 139515 (Southern Reporter, Second Series)

Gonzalez v. Moriyon

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.

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