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GONZALEZ v. MORIYON

No. 89-1699.

553 So.2d 249 (1989)

Osiel GONZALEZ, D/B/a Osiel Gonzalez Insurance Agency, Appellant, v. Judas MORIYON, Appellee.

District Court of Appeal of Florida, Third District.

November 21, 1989.

Attorney(s) appearing for the Case

Rafael E. Padierne and Ana Martin-Lavielle, Miami, for appellant.

Adrian D. Ferradaz, Coral Gables, for appellee.

Before HUBBART, NESBITT and JORGENSON, JJ.

PER CURIAM.

Florida Rule of Civil Procedure 1.500(b) states that if a party has filed or served any paper in an action, that party is entitled to notice of the opposing party's application for default. In this case, appellant/defendant had filed a motion to dismiss the action; thus, appellee/plaintiff's failure to produce a certificate showing proof that he notified appellant of his application for a default judgment, Fla.R.Civ.P. 1.080(f), is grounds to vacate the...

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