AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LIDIA R. DELANCER, APPELLANT, v. ADVANCED MORTGAGE INVESTMENT COMPANY, INC., APPELLEE.

PER CURIAM.

The defendant below appeals from a judgment entered against her after she failed to appear when the case was purportedly noticed for trial. We reverse for disposition on the merits both because (a) the record shows an unresolved issue as to whether the defendant actually received the notice of trial; see Intercontinental Properties, Inc. v. U.S. Security Services, Inc., 515 So.2d 321 (Fla. 3d DCA 1987); Hammett v. Hammett, 510 So.2d 632 (Fla. 3d DCA 1987), and (b) even assuming the defendant was properly noticed, the trial judge erred by, in effect, defaulting her in entering judgment without conducting even an uncontested trial on the issues raised by the pleadings. Cluett v. Krystyniak, 532 So.2d 739 (Fla. 2d DCA 1988); Belcher v. Ferrara, 511 So.2d 1089 (Fla. 3d DCA 1987).

Reversed.

Use AI to get other relevant cases.

Comments

DELANCER v. ADVANCED MORTGAGE INV. CO
(Jul 18, 1989)