Hunsicker v. KSV CaaStle Holdings L.P.
Defense counsel emailed plaintiffs' counsel stating he represented the defendant, would be appearing shortly, and requested fourteen days to respond, and the parties then conferred twice; plaintiffs nonetheless obtained a clerk's default without notice and a default final judgment exceeding $51 million. The Fourth District reversed, holding the email was a 'document' served in the action under rule 1.500(a) that triggered the notice requirement, and that plaintiffs' actual knowledge of representation and intent to defend independently required notice of any application for default. Because notice was not given, the clerk's default and resulting default final judgment are void and must be vacated without any showing of excusable neglect or a meritorious defense.
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