Fernandez v. Colson

District Court of Appeal of Florida

Fernandez v. Colson

472 So. 2d 868, 10 Fla. L. Weekly 1738, 1985 Fla. App. LEXIS 14999

CourtDistrict Court of Appeal of Florida

DecidedJuly 16, 1985

DocketNo. 85-115

StatusPublished

Cited by1 cases

This text of 472 So. 2d 868 (Fernandez v. Colson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fernandez v. Colson, 472 So. 2d 868, 10 Fla. L. Weekly 1738, 1985 Fla. App. LEXIS 14999 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The 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).

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

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PER CURIAM.

The 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).

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

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472 So. 2d 868, 10 Fla. L. Weekly 1738, 1985 Fla. App. LEXIS 14999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernandez-v-colson-fladistctapp-1985.

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