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Sklar v. Brawley

District Court of Appeal of Florida, Third District
Mar 22, 1995
651 So. 2d 1314 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-640.

March 22, 1995.

An Appeal from the Circuit Court for Dade County; Martin D. Kahn, Judge.

Popper Popper and Victor K. Rones, for appellant.

Eckert Seamans Cherin Mellott, Stanley B. Price and Eileen Ball Mahta, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.


Because the plaintiff improperly took a default without notice after communicating with opposing counsel, who clearly indicated his intention to defend on the merits, see Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990); Gulf Maintenance Supply, Inc. v. Barnett Bank of Tallahassee, 543 So.2d 813 (Fla. 1st DCA 1989), the default should have been set aside whether or not the answer raised a meritorious defense. Cardet v. Resolution Trust Corp., 563 So.2d 167, 169 (Fla. 3d DCA 1990); J.A.R., Inc. v. Universal Am. Realty Corp., 485 So.2d 467 (Fla. 3d DCA 1986); Chester, Blackburn Roder, Inc. v. Marchese, 383 So.2d 734, 735 n. 3 (Fla. 3d DCA 1980).

For this reason we express no view as to whether a "meritorious defense" was in fact presented.

Reversed.


Summaries of

Sklar v. Brawley

District Court of Appeal of Florida, Third District
Mar 22, 1995
651 So. 2d 1314 (Fla. Dist. Ct. App. 1995)
Case details for

Sklar v. Brawley

Case Details

Full title:OLGA SKLAR, APPELLANT, v. ANN BRAWLEY, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 22, 1995

Citations

651 So. 2d 1314 (Fla. Dist. Ct. App. 1995)

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