Connecticut General Development Corp. v. Guson

District Court of Appeal of Florida

Decided October 31, 1985

District Court of Appeal of Florida · decided 1985-10-31

Cited by 2 later decisions — most recently June 1990

2 state decisions

Relies on Turner v. Allen · 388 So. 2d 1361 - Fierro v. Lewis · Carson v. Lee

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-31

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PER CURIAM.

¶1The appellants, having originally filed an answer which was stricken with leave to file an amended answer, were entitled to service of a copy of plaintiffs’ motion for default and notice of hearing on that motion.1 As appellants were not served with the motion for default nor given notice of the hearing thereon before entry of the order entering default, appellants were entitled to have the order entering default set aside and vacated. Therefore, the trial court erred in denying appellants’ motion to set aside the order entering a default.

¶2REVERSED AND REMANDED.

ORFINGER, SHARP and COWART, JJ., concur.

¶3. Fla.R.Civ.P. 1.500(b); Carson v. Lee, 450 So.2d 930 (Fla. 2d DCA 1984); Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980); Fierro v. Lewis, 388 So.2d 1361 (Fla. 5th DCA 1980). See Trawick, Fla. Frac. & Proc., § 25-2 (1984).