MENA v. DOCUMET

No. 87-3113.

542 So.2d 1063 (1989)

Frank MENA, Appellant, v. Julio DOCUMET, Appellee.

District Court of Appeal of Florida, Third District.

May 9, 1989.


Attorney(s) appearing for the Case

Bradshaw Lotspeich and Ann Thomas, Miami, for appellant.

Johnson & Crane, for appellee.

Before BARKDULL, HUBBART and COPE, JJ.


PER CURIAM.

The final default judgment under review is reversed because, simply stated, the plaintiff Julio Documet failed to serve the defendant Frank Mena with notice of the default herein as required by Fla.R.Civ.P. 1.500(b).

Without dispute, the defendant Frank Mena had filed pleadings below prior to the entry of the default below, and therefore the plaintiff Julio Documet was required by the above rule to serve his motion for default on the said defendant...

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