Summary
In NCR v. Cannon Wolfe, 501 So.2d 157 (Fla. 1st DCA 1987), a letter signed by a paralegal of a law firm was held sufficient to require notice.
Summary of this case from Zephyr Aviation v. Amerijet InternOpinion
Nos. BO-429, BO-29.
January 23, 1987.
Appeal from the Circuit Court, Suwannee County, L. Arthur Lawrence, Jr., J.
Michael E. Demont of Gallagher, Baumer, Mikals, Bradford, Cannon Walters, P.A., Jacksonville, for appellant.
R. Bruce Warren of Warren Blackburn, Monticello, for appellee.
This cause is before us on appeal from a nonfinal order denying appellant's motion to vacate default judgment (Case No. BO-29) and from nonfinal orders compelling arbitration and adjudicating liability (Case No. BO-429).
We reverse the trial court's order denying the motion to vacate default judgment on the basis that appellant was not afforded notice of appellee's application for default, as required by Rule 1.500(b), Florida Rules of Civil Procedure. The rule provides that if a party serves or files "any paper" in the action, he shall be served with notice of the application for default. We find that appellant served a "paper" in the proceedings below and was thereby entitled to notice. See Reicheinbach v. Southeast Bank, N.A., 462 So.2d 611 (Fla. 3d DCA 1985).
The "paper" filed in this case was a letter drafted and signed by a paralegal employed by appellant's counsel. The letter acknowledged a telephone conversation with appellee's counsel in which appellant was granted an additional 20 days to respond to the third-party complaint.
Additionally, we vacate the trial court's order adjudicating liability in favor of the appellee, as it was premised solely on the erroneously entered default. We find no error in the trial court's order compelling arbitration.
Accordingly, this cause is reversed in part and remanded for further proceedings consistent herewith.
BOOTH, C.J., and MILLS and THOMPSON, JJ., concur.