Stephens v. Bank of New York

In this mortgage foreclosure action, Appellant challenges the trial court’s order denying his motion to set aside a default and a summary final judgment. The motion sought relief pursuant to rule 1.540(b), Florida Rules of Civil Procedure.

Appellee obtained from the clerk a default to which it was not entitled, see rule 1.500(a), Florida Rules of Civil Procedure, but never made any effort to set it aside. The default clouded matters and prejudiced Appellant’s rights to proper notice and evidentiary hearing. The trial court, therefore, erred in denying the motion to set aside the default and…