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.
Key facts
- Plaintiffs obtained a clerk's default and default final judgment exceeding $51 million against defendant KSV CaaStle Holdings L.P. without providing notice to defense counsel, despite receiving an email from defense counsel stating he represented the defendant, would appear shortly, and requesting fourteen days to respond.
- The parties conferred twice after the email, but plaintiffs proceeded to seek the clerk's default without notifying defense counsel or providing notice of the application for default.
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Why it matters
This decision is a powerful tool for defendants attacking ex parte clerk's defaults — here a $51 million judgment — and confirms that informal written communications such as counsel's email announcing representation and… — full analysis with a trial
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