Lumarque v. Federal Nat. Mortgage

• Court: District Court of Appeal of Florida
• Decided: May 13, 2015
• Docket: 14-1824
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 13, 2015. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D14-1824 Consolidated: 14-2211 Lower Tribunal No. 13-27382 ________________

Raymond Lumarque, Appellant,

vs.

Federal National Mortgage Association, Appellee.

Appeals from a non-final order from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge.

Alix J. Montes, for appellant.

Choice Legal Group and William David Newman, Jr. (Ft. Lauderdale), for appellee.

Before WELLS, LAGOA and LOGUE, JJ.

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.