M.W. v. SPCP Group V, LLC

EMAS, J.,

specially concurring.

I concur in the result because I believe it to be dictated by this court’s prior decision in Apple Premium Finance Serv. Co. v. Teachers Ins. & Annuity Ass’n of Am., 727 So.2d 1089 (Fla. 3d DCA 1999). Were we writing on a clean slate however, it might well be appropriate to consider whether the notice requirement of - rule 1.500(b) is properly triggered by a single pre-suit letter sent five' months before the commencement of the action.

The plain language of rule 1.500(a) and (b) provides that a party may seek a clerk’s default unless the party against whom…