Barnett Bank of South Florida, N.A. v. Picchi

The trial judge denied defendant’s Motion to Vacate a Default which had been entered by the court without a notice of hearing being furnished to the defendant. The only paper defendant had filed was a “notice of appearance”. A copy of the Motion for Default had been sent to the defendant pursuant to Florida Rules of Civil Procedure 1.500(b), which provides:

When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statute or any order of court, the court may enter a default against such party; provided that if…