WILLIAM BEYLUND, APPELLANT,
v.
BALTASAR GOMEZ, APPELLEE
WILLIAM BEYLUND, APPELLANT,
BALTASAR GOMEZ, APPELLEE
498 So. 2d 639
Florida District Court of Appeal, Third District (1986)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Appellant served letters on appellee’s counsel in response to the complaint, thereby triggering the notice provision of Florida Rule Civil Procedure 1.500(b); appellee, however, failed to provide appellant with the required notice. J.A.R. Inc. v. Universal American Realty Corp., 485 So. 2d 467 (Fla. 3d DCA 1986); Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985); Terino Bros., Inc. v. Airey, 364 So. 2d 768 (Fla. 2d DCA 1978). Consequently, we reverse the Order Denying Motion to Set Aside Default and Default Judgment and remand the cause to the trial court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Zamora, 534 So. 2d 864 (Fla. 3d DCA 1988)…official ignorance or deliberate intentional activity, the informant has disappeared and his whereabouts are unknown. Aldazabal v. State, 471 So. 2d 639 (Fla. 3d DCA 1985); State v. Jones, 247 So. 2d 342 (Fla. 3d DCA 1972); compare Guzman v. State, 498 So. 2d 639 (Fla. 3d DCA 1986); State v. Saldarriaga, 486 So. 2d 683 (Fla. 3d DCA 1986). There is further authority that a trial court is precluded from dismissing an information or indictment without first ordering an in camera review of the informant’s testim…
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Crocker Invs., Inc. v. Statesman Life Ins. Co., 515 So. 2d 1305 (Fla. 3d DCA 1987)…h, 462 So. 2d at 612. A timely letter served by a defendant to a plaintiff constitutes a paper served within the meaning of Rule 1.500(b) and entitles the defendant to notice of default proceedings. Reicheinbach, 462 So. 2d at 612; Beylund v. Gomez, 498 So. 2d 639 (Fla. 3d DCA 1986); J.A.R., Inc. v. Universal Am. Realty Corp., 485 So. 2d 467 (Fla. 3d DCA 1986). This court in earlier opinions has held that failure to provide adequate notice of an application for default, when required by the rules of civil pr…
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State v. Rojas, 508 So. 2d 449 (Fla. 3d DCA 1987)…her refusal to testify against the defendants. “There is no showing that the state, either through calculated official ignorance or deliberate, intentional activity, was at fault for its failure to know the informant’s whereabouts.” Guzman v. State, 498 So. 2d 639, 639 (Fla. 3d DCA 1986). Absent such a showing of fault or bad faith, the sanction of dismissal is unwarranted. Id.; State v. Mena, 505 So. 2d 681 (Fla. 3d DCA 1987). Moreover, the state generally does not have an obligation to produce witnesses for…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Reicheinbach v. Se. Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985)
- J.A.R., Inc. v. Universal Am. Realty Corp., 485 So. 2d 467 (Fla. 3d DCA 1986)
- Terino Bros., Inc. v. Airey, 364 So. 2d 768 (Fla. 2d DCA 1978)