Cardona v. FirstBank Puerto Rico
After defense counsel emailed a written settlement proposal and exchanged more than fifteen emails with the bank's counsel about the foreclosure suit, the bank obtained an ex parte clerk's default and default final judgment without serving defense counsel. The Third DCA reversed, holding the clerk's default was improvidently entered because plaintiff's counsel knew defendants were represented and intended to defend, so notice of the application for default was required and the motion had to be presented to the court, not the clerk.
Key facts
- Plaintiff bank filed foreclosure suit against defendants represented by counsel, who sent a written settlement proposal and exchanged more than fifteen emails with bank's counsel discussing the case.
- Bank obtained an ex parte clerk's default and default final judgment without serving notice of the default application to defense counsel.
- +2 more key facts with a free trial
Why it matters
A useful, citable reaffirmation that pre-answer settlement correspondence—including emails—can constitute a 'document' defeating an ex parte clerk's default, and that when the default is improvidently entered the movant… — full analysis with a trial
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