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DEPT. OF TRANSP. v. MASTRANGELO

No. 96-674.

691 So.2d 643 (1997)

DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, Appellant, v. Elizabeth M. MASTRANGELO, Appellee.

District Court of Appeal of Florida, Fifth District.

April 18, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Ard, Assistant Attorney General, Tampa, for Appellant.

Jonathan I. Rotstein of Rotstein & Kerce, P.A., Daytona Beach, for Appellee.

PER CURIAM.

The order of default entered against the Department of Transportation (DOT) is reversed because "[i]t is fundamental that when a party against whom affirmative relief is sought has appeared in any action by filing or serving `papers,' that party shall be served with notice of the application for default as required by Florida Rule of Civil Procedure 1.500(b)." Yellow Jacket Marina, Inc. v. Paletti,

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