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553 So. 2d 249

553 So.2d 249

14 Fla.L.Weekly 2705

Gonzalez v. Moriyon

District Court of Appeal of Florida

Decided November 21, 1989

District Court of Appeal of Florida · decided 1989-11-21

Cited by 1 later decisions — most recently June 1990

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-21

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PER CURIAM.

¶1Florida 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).

¶2Reversed.

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