Florida District Courts of Appeal, 2015

Lumarque v. Federal National Mortgage Ass'n

Lumarque v. Federal National Mortgage Ass'n
Florida District Courts of Appeal · Decided May 13, 2015 · Lagoa, Logue, Wells
164 So. 3d 734; 2015 Fla. App. LEXIS 7032; 2015 WL 2219350 (Southern Reporter, Third Series)

Lumarque v. Federal National Mortgage Ass'n

Opinion of the Court

ON CONFESSION OF ERROR

WELLS, Judge.

In these consolidated appeals, Raymond Lamarque, the defendant below, appeals from both a default entered below and a final judgment thereon. Based upon the appellees’ confession of error, and Cohen v. Barnett Bank of South Florida, N.A., 433 So.2d 1354, 1355 (Fla. 3d DCA 1983) (finding that a party who has filed a “paper” in the action is entitled to adequate notice of the application for default under Florida Rule of Civil Procedure 1.500(b), and that the notice should be “given in sufficient time to permit some meaningful action to be taken upon it after its receipt”), we vacate the default and the final judgment entered thereon and remand to the trial court for further proceedings.

Reversed and remanded.

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