Renee B. Hendrix v. Department of Stores National Bank

The cardholder appeals from a final judgment entered after a judicial default. She argues that the judgment is void because she was denied the opportunity to be heard on the bank’s underlying motion for judicial default in contravention of Florida Rule of Civil Procedure 1.500(b). We agree that rule 1.500(b) requires an opportunity to be heard under the facts of this case and reverse.

Facts

After the bank filed its complaint, the cardholder filed a pro se letter and a motion to dismiss. The circuit court denied the motion to dismiss and ordered the cardholder to answer the complaint within…