Florida District Courts of Appeal, 1989

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)

Cases that cite this one

1 later published case cites this decision.

Clearvalle, Inc. v. Cohen (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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