Opinion
No. 95-2482.
February 21, 1996.
An Appeal from the Circuit Court for Dade County; Ronald Friedman, Judge.
Max A. Goldfarb and Gregg Goldfarb, Miami, for appellants.
Manguart Associates and Cesar Gomez, Miami, for appellee.
Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.
The order under review, which denied a motion to set aside a clerk's default, is reversed because the default was improperly secured without notice after the plaintiff became aware that the defendant was or would be represented by counsel and desired actively to defend the case. Sklar v. Brawley, 651 So.2d 1314 (Fla. 3d DCA 1995); Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990); Reicheinbach v. Southeast Bank, N.A., 462 So.2d 611 (Fla. 3d DCA 1985).