Judges: Schwartz, C.J., and Barkdull and Baskin
Filed: Mar. 22, 1995
Latest Update: Mar. 28, 2017
Summary: 651 So. 2d 1314 (1995) Olga SKLAR, Appellant, v. Ann BRAWLEY, Appellee. No. 94-640. District Court of Appeal of Florida, Third District. March 22, 1995. 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. SCHWARTZ, Chief Judge. Because the plaintiff improperly took a default without notice after communicating with opposing counsel, who clearly indicated his i
Summary: 651 So. 2d 1314 (1995) Olga SKLAR, Appellant, v. Ann BRAWLEY, Appellee. No. 94-640. District Court of Appeal of Florida, Third District. March 22, 1995. 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. SCHWARTZ, Chief Judge. Because the plaintiff improperly took a default without notice after communicating with opposing counsel, who clearly indicated his in..
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651 So. 2d 1314 (1995)
Olga SKLAR, Appellant,
v.
Ann BRAWLEY, Appellee.
No. 94-640.
District Court of Appeal of Florida, Third District.
March 22, 1995.
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.
SCHWARTZ, Chief Judge.
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).[1]
Reversed.
NOTES
[1] For this reason we express no view as to whether a "meritorious defense" was in fact presented.
