Opinion
No. 94-640.
March 22, 1995.
An Appeal from the Circuit Court for Dade County; Martin D. Kahn, Judge.
Popper Popper and Victor K. Rones, for appellant.
Eckert Seamans Cherin Mellott, Stanley B. Price and Eileen Ball Mahta, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
Because the plaintiff improperly took a default without notice after communicating with opposing counsel, who clearly indicated his intention to defend on the merits, see Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990); Gulf Maintenance Supply, Inc. v. Barnett Bank of Tallahassee, 543 So.2d 813 (Fla. 1st DCA 1989), the default should have been set aside whether or not the answer raised a meritorious defense. Cardet v. Resolution Trust Corp., 563 So.2d 167, 169 (Fla. 3d DCA 1990); J.A.R., Inc. v. Universal Am. Realty Corp., 485 So.2d 467 (Fla. 3d DCA 1986); Chester, Blackburn Roder, Inc. v. Marchese, 383 So.2d 734, 735 n. 3 (Fla. 3d DCA 1980).
For this reason we express no view as to whether a "meritorious defense" was in fact presented.
Reversed.