Price v. Department of Revenue ex rel. Cunningham

District Court of Appeal of Florida

Price v. Department of Revenue ex rel. Cunningham

673 So. 2d 989, 1996 Fla. App. LEXIS 5522, 1996 WL 280024

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 1996

DocketNo. 95-4324

StatusPublished

This text of 673 So. 2d 989 (Price v. Department of Revenue ex rel. Cunningham) 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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Price v. Department of Revenue ex rel. Cunningham, 673 So. 2d 989, 1996 Fla. App. LEXIS 5522, 1996 WL 280024 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

We reverse the trial court’s order denying appellant’s motion to vacate a default entered against him on a petition to reinstate child support. Appellant maintains, and appellee concedes, that appellant had insufficient notice of the application for default after he failed to answer the amended complaint filed by appellee after its first complaint had been dismissed. Thus, the trial court erred in entering a default against appellant. See Cohen v. Barnett Bank of South Florida, N.A, 433 So.2d 1354 (Fla. 3d DCA 1983). The order is reversed and remanded with directions to permit appellant a reasonable time within which to file his answer to the amended complaint and for further proceedings consistent with this opinion.

WARNER, KLEIN and SHAHOOD, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order denying appellant’s motion to vacate a default entered against him on a petition to reinstate child support. Appellant maintains, and appellee concedes, that appellant had insufficient notice of the application for default after he failed to answer the amended complaint filed by appellee after its first complaint had been dismissed. Thus, the trial court erred in entering a default against appellant. See Cohen v. Barnett Bank of South Florida, N.A, 433 So.2d 1354 (Fla. 3d DCA 1983). The order is reversed and remanded with directions to permit appellant a reasonable time within which to file his answer to the amended complaint and for further proceedings consistent with this opinion.

WARNER, KLEIN and SHAHOOD, JJ., concur.

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673 So. 2d 989, 1996 Fla. App. LEXIS 5522, 1996 WL 280024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-department-of-revenue-ex-rel-cunningham-fladistctapp-1996.

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