BUILDING INSPECTION SERVICES, INC. OF DADE, A FLORIDA CORPORATION, APPELLANT,
v.
ISAAC OLEMBERG AND NIEVES OLEMBERG, APPELLEES
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PER CURIAM.
We hold that a letter filed in a cause by an officer of a defendant corporation, advising the court that the corporation is attempting to engage an attorney to represent it, constitutes a “paper” under Rule 1.500(a) Florida Rules of Civil Procedure, See Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985); Accord Dalminter, Inc., v. Jessie Edwards, Inc., 27 F.R.D. 491 (S.D.Tex.1961); McClintock v. Serv-Us Bakers, 103 Ariz. 72, 436 P. 2d 891 (1968); Best v. Jones, 644 P. 2d 89 (Colo.App.1982); Roland v. W & L Motor Lines, Inc., 32 N.C.App. 288, 231 S.E. 2d 685 (1977); See also Hankin v. Blis-sett, 475 So. 2d 1303 (Fla. 3d DCA 1985), and, a default entered by a clerk, with such a “paper” in the file, was not authorized, therefore the trial court erred in refusing to set same aside. Reicheinbach v. Southeast Bank, N.A., supra; Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980); Mo-Con Properties, Inc., v. American Mechanical, Inc., 289 So. 2d 744 (Fla. 4th DCA 1974).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ziff v. Stuber, 596 So. 2d 754 (Fla. 4th DCA 1992)…0(a). Florida courts liberally construe the term “any paper.” A letter filed by an officer of a corporation advising the court that the corporation was attempting to hire counsel constituted a “paper.” Building Insp. Serv., Inc. of Dade v. Olemberg, 476 So. 2d 774 (Fla. 3d DCA 1985). Similarly, a letter acknowledging a telephone conversation wherein appellee allowed appellant an additional two days to respond to a third party complaint was deemed to be a “paper.” NCR Corp. v. Cannon & Wolfe Lumber Co., Inc.,…
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McCLENON v. Zartemi, 710 So. 2d 737 (Fla. 3d DCA 1998)…quate notice, denying the motion to set aside the default was an abuse of the trial court’s discretion. Accordingly, we reverse the trial court’s order and remand for further proceedings. . See Building Inspection Servs., Inc. of Dade v. Olemberg, 476 So. 2d 774, 774 (Fla. 3d DCA 1985) (holding that "a letter ... filed by an officer of a defendant corporation, advising the court that the corporation is attempting to engage an attorney to represent it, constitutes a 'paper' under Rule 1.500(a) Florida Rules…
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Lopez v. Suarez, 773 So. 2d 572 (Fla. 3d DCA 2000)…affidavit, filed for the purpose of challenging the service of process, constitutes a “paper” under Rule 1.500(a). See NCR Corp. v. Cannon & Wolfe Lumber Co., 501 So. 2d 157 (Fla. 1st DCA 1987); Building Inspection Seevs., Inc. of Dade v. Olemberg, 476 So. 2d 774 (Fla. 3d DCA 1985); Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985). Thus, the default entered by the clerk was not authorized, and therefore, the trial court erred by denying Raul Lopez’s motion to vacate default. Our holdin…
Authorities Cited
- Chester v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980)
- Reicheinbach v. Se. Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985)
- Morgan v. State, 289 So. 2d 744 (Fla. 4th DCA 1974)
- Mo-Con Props., Inc. v. Am. Mech., Inc., 289 So. 2d 744 (Fla. 4th DCA 1974)
- Hankin v. Blissett, 475 So. 2d 1303 (Fla. 3d DCA 1985)