Lopez v. State

Full title: JESUS FELIPE LOPEZ, et al., Appellants, v. OFFICE OF THE ATTORNEY GENERAL…

Court: District Court of Appeal of Florida, Third District

Date published: May 1, 2002

814 So. 2d 538 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D00-3295.

May 1, 2002.

An Appeal from the Circuit Court for Dade County, Celeste H. Muir, Judge.

Jesus Felipe Lopez, in proper person.

Robert A. Butterworth, Attorney General, and Andrea B. Anido, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and SORONDO, JJ.

PER CURIAM.

Jesus Felipe Lopez, the defendant below, appeals from an order setting aside an order of dismissal entered for failure to prosecute. We affirm.

"Any default entered in violation of the due process notice requirement of Rule 1.500 must be set aside without any regard as to whether a meritorious defense is presented or excusable neglect is established." Int'l Energy Corp. v. Hackett, 687 So.2d 941, 943 (Fla. 3d DCA 1997).

AFFIRMED.