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472 So. 2d 868

472 So.2d 868

10 Fla.L.Weekly 1738

Fernandez v. Colson

District Court of Appeal of Florida · decided 1985-07-16

Cited by 1 later decisions — most recently January 1995

1 state decisions

Relies on 376 So. 2d 919 - Kiaer v. Friendship, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1985-07-16

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PER CURIAM.

¶1The 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).

¶2The order denying the motion to set aside the default is reversed.

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