LIDIA R. DELANCER, APPELLANT,
v.
ADVANCED MORTGAGE INVESTMENT COMPANY, INC., APPELLEE
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PER CURIAM.
The defendant below appeals from a judgment entered against her after she failed to appear when the case was purportedly noticed for trial. We reverse for disposition on the merits both because (a) the record shows an unresolved issue as to whether the defendant actually received the notice of trial; see Intercontinental Properties, Inc. v. U.S. Security Services, Inc., 515 So. 2d 321 (Fla. 3d DCA 1987); Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987), and (b) even assuming the defendant was properly noticed, the trial judge erred by, in effect, defaulting her in entering judgment without conducting even an uncontested trial on the issues raised by the pleadings. Cluett v. Krystyniak, 532 So. 2d 739 (Fla. 2d DCA 1988); Belcher v. Ferrara, 511 So. 2d 1089 (Fla. 3d DCA 1987).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Turner Props., Inc. v. Marchetta, 607 So. 2d 506 (Fla. 3d DCA 1992)…on the basis of the failure to appear at trial. Nonappearance by defendants does not relieve the plaintiff of its obligation to introduce evidence on liability, and is not a basis for entry of a default. Delancer v. Advanced Mortgage Investment Co., 546 So. 2d 130 (Fla. 3d DCA1989); Cluett v. Krystyniak, 532 So. 2d 739 (Fla. 2d DCA1988); Belcher v. Ferrara, 511 So. 2d 1089 (Fla. 3d DCA), appeal after remand, 517 So. 2d 47 (Fla. 3d DCA1987), review denied, 528 So. 2d 1181 (Fla.1988); Stern v. Commercial Constr…
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Debello v. Faske, 668 So. 2d 324 (Fla. 3d DCA 1996)…trial. Whether or not the defendant’s absence is excusable — as we have held that Debello’s was — the plaintiff must be put to his proof against a defendant who has answered and thus not defaulted in the case. Delancer v. Advanced Mortgage Inv. Co., 546 So. 2d 130 (Fla. 3d DCA 1989); Bernuth Marine Shipping, Inc. v. Integrated Container Serv., Inc., 369 So. 2d 424 (Fla. 3d DCA 1979); Stern v. Commercial Constr. Corp., 268 So. 2d 549 (Fla. 3d DCA 1972), cert. denied, 276 So. 2d 166 (Fla.1973); Ortiz v. Nicolai…
Authorities Cited
- Belcher v. Eileen and Charles Ferrara, 511 So. 2d 1089 (Fla. 3d DCA 1987)
- Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987)
- Intercontinental Props., Inc. v. U.S. Sec. Servs., Inc., 515 So. 2d 321 (Fla. 3d DCA 1987)
- Cluett v. Krystyniak, 532 So. 2d 739 (Fla. 2d DCA 1988)