Third District Court of Appeal
State of Florida
Opinion filed May 13, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1824
Consolidated: 14-2211
Lower Tribunal No. 13-27382
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Raymond Lumarque,
Appellant,
vs.
Federal National Mortgage Association,
Appellee.
Appeals from a non-final order from the Circuit Court for Miami-Dade
County, Jorge E. Cueto, Judge.
Alix J. Montes, for appellant.
Choice Legal Group and William David Newman, Jr. (Ft. Lauderdale), for
appellee.
Before WELLS, LAGOA and LOGUE, JJ.
ON CONFESSION OF ERROR
WELLS, Judge.
In these consolidated appeals, Raymond Lamarque, the defendant below,
appeals from both a default entered below and a final judgment thereon. Based
upon the appellees’ confession of error, and Cohen v. Barnett Bank of South
Florida, N.A., 433 So. 2d 1354, 1355 (Fla. 3d DCA 1983) (finding that a party
who has filed a “paper” in the action is entitled to adequate notice of the
application for default under Florida Rule of Civil Procedure 1.500(b), and that the
notice should be “given in sufficient time to permit some meaningful action to be
taken upon it after its receipt”), we vacate the default and the final judgment
entered thereon and remand to the trial court for further proceedings.
Reversed and remanded.
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