Legal Opinion

Herrera v. Garcia

District Court of Appeal of Florida

Decided February 6, 1990No. 89-1164PublishedCited by 2 opinions

1Per 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).

2Cases cited2 opinions

  1. Cohen v. Barnett Bank of South Florida, NADistrict Court of Appeal of Florida · 1983
  2. Meyerson v. BlockDistrict Court of Appeal of Florida · 1981

3Cited by2 opinions

  1. Monroe Cty. v. Pigeon Key Hist. ParkDistrict Court of Appeal of Florida · 1995
  2. Cardet v. Resolution Trust Corp.District Court of Appeal of Florida · 1990