United Insurance Group, Inc. v. Figueredo

District Court of Appeal of Florida

United Insurance Group, Inc. v. Figueredo

65 So. 3d 1216, 2011 Fla. App. LEXIS 12522, 2011 WL 3477012

CourtDistrict Court of Appeal of Florida

DecidedAugust 10, 2011

Docket3D10-1727

StatusPublished

Cited by1 cases

This text of 65 So. 3d 1216 (United Insurance Group, Inc. v. Figueredo) 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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United Insurance Group, Inc. v. Figueredo, 65 So. 3d 1216, 2011 Fla. App. LEXIS 12522, 2011 WL 3477012 (Fla. Ct. App. 2011).

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Opinion

CONFESSION OF ERROR

PER CURIAM.

United Insurance Group, Inc. (“United”), appeals an order denying its motion to set aside a Clerk’s Default and Final Judgment in favor of appellee Hiram Fi-gueredo (“Figueredo”). On appeal, Fi-gueredo confessed error. We agree with Figueredo, and we reverse.

Through a non-attorney, corporative representative, United timely served a response to the complaint at issue in the form of a letter. Because this response was sufficient to require Figueredo to provide notice to United of his applications for default and final judgment, it was improper for the trial court to treat United’s response to the complaint as a nullity. See J.A.R., Inc. v. Universal Am. Realty Corp., 485 So.2d 467 (Fla. 3d DCA 1986); Fla. R. Civ. P. 1.500(b); see also Colby Materials, Inc. v. Caldwell Constr., Inc., 926 So.2d 1181 (Fla.2006); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So.2d 247 (Fla. 3d DCA 1985), approved in part by Torrey v. Leesburg Reg’l Med. Ctr., 769 So.2d 1040 (Fla.2000). Because it is undisputed that Figueredo did not provide the required notice to United, we hold that the trial court abused its discretion in denying United’s motion to vacate the Clerk’s Default and Final Judgment. Accordingly, we reverse the trial court’s order and remand with instructions for the trial court to set aside the Clerk’s Default, Final Judgment, and the subsequently issued writs and judgment in garnishment.

Reversed and remanded.

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CONFESSION OF ERROR

PER CURIAM.

United Insurance Group, Inc. (“United”), appeals an order denying its motion to set aside a Clerk’s Default and Final Judgment in favor of appellee Hiram Fi-gueredo (“Figueredo”). On appeal, Fi-gueredo confessed error. We agree with Figueredo, and we reverse.

Through a non-attorney, corporative representative, United timely served a response to the complaint at issue in the form of a letter. Because this response was sufficient to require Figueredo to provide notice to United of his applications for default and final judgment, it was improper for the trial court to treat United’s response to the complaint as a nullity. See J.A.R., Inc. v. Universal Am. Realty Corp., 485 So.2d 467 (Fla. 3d DCA 1986); Fla. R. Civ. P. 1.500(b); see also Colby Materials, Inc. v. Caldwell Constr., Inc., 926 So.2d 1181 (Fla.2006); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So.2d 247 (Fla. 3d DCA 1985), approved in part by Torrey v. Leesburg Reg’l Med. Ctr., 769 So.2d 1040 (Fla.2000). Because it is undisputed that Figueredo did not provide the required notice to United, we hold that the trial court abused its discretion in denying United’s motion to vacate the Clerk’s Default and Final Judgment. Accordingly, we reverse the trial court’s order and remand with instructions for the trial court to set aside the Clerk’s Default, Final Judgment, and the subsequently issued writs and judgment in garnishment.

Reversed and remanded.

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65 So. 3d 1216, 2011 Fla. App. LEXIS 12522, 2011 WL 3477012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-insurance-group-inc-v-figueredo-fladistctapp-2011.

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