CONCEPCION HERRERA, MANUEL D. HERRERA AND CONDE ONE HOUR CLEANER, INC., APPELLANTS,
v.
CARLOS GARCIA, APPELLEE
CONCEPCION HERRERA, MANUEL D. HERRERA AND CONDE ONE HOUR CLEANER, INC., APPELLANTS,
CARLOS GARCIA, APPELLEE
559 So. 2d 83
Florida District Court of Appeal, Third District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Because a default was prematurely entered after the mailing of the answer on the 20th day after service, see Meyerson v. Block, 404 So. 2d 807 (Fla. 3d DCA 1981), the default and default judgment based upon it1 are reversed and the cause is remanded for further consistent proceedings.
. Since no default should have been entered initially, it is not necessary to show a meritorious defense as a condition to setting it aside. Cohen v. Barnett Bank of South Florida, 433 So. 2d 1354, 1355 n. 3 (Fla. 3d DCA 1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Monroe Cnty. v. Pigeon KEY Historical Park, Inc., 647 So. 2d 857 (Fla. 3d DCA 1994)…d DCA 1985) (where moving party was obliged to give notice of application for default and failed to do so, the default will be vacated for want of notice, without the necessity of showing, inter aha, a meritorious defense); accord Herrera v. Garcia, 559 So. 2d 83 n. 1 (Fla. 3d DCA 1990); Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611, 612 (Fla. 3d DCA 1985); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734, 735 n. 3 (Fla. 3d DCA 1980). If the public agency has taken the necessary correctiv…
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Cardet v. Resolution Tr. Corp., 563 So. 2d 167 (Fla. 3d DCA 1990)…rely on the reasonable expectation that he would be given notice when a new hearing was scheduled. As the default and default judgment were erroneously entered in the first instance, the motion to vacate should have been granted. Herrera v. Garcia, 559 So. 2d 83 n. 1 (Fla. 3d DCA 1990); Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611, 612 (Fla. 3d DCA 1985);3 Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734, 735 n. 3 (Fla. 3d DCA 1980); Mo-Con Properties, Inc. v. American Mechanical, Inc.,…
Authorities Cited
- Cohen v. Barnett Bank OF S. Fla., N.A., 433 So. 2d 1354 (Fla. 3d DCA 1983)
- Sol W. Meyerson and Bernice Ann Meyerson v. Block, 404 So. 2d 807 (Fla. 3d DCA 1981)