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CLEARVALLE, INC. v. COHEN

No. 89-0520.

561 So.2d 1354 (1990)

CLEARVALLE, INC., a Florida Corporation, and Ferdinando Chiaravalle, Appellants, v. Edward B. COHEN, Liquidating Trustee for Guilias Enterprises, Inc., a Dissolved Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

June 6, 1990.

Attorney(s) appearing for the Case

Frank J. Bennardo, Boca Raton, for appellants.

Ronald M. Zakarin of Schwartz, Gold, Cohen & Zakarin, P.A., Boca Raton, for appellees.

HERSEY, Chief Judge.

This is an appeal of a final judgment entered upon a default which was imposed as a sanction for failure to appear at docket call. We reverse.

Appellants had filed pleadings in the trial proceedings prior to the withdrawal of their attorney. Where a party has participated in an action by filing a pleading "he shall be served with notice of the application for default." Fla.R.Civ.P. 1.500. The application for default in the instant case...

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