Fla. R. Civ. P. 1.500

Defaults and Final Judgments Thereon

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RULE 1.500. 	DEFAULTS AND FINAL JUDGMENTS THEREON
(a) 	By the Clerk. When a party against whom affirmative
relief is sought has failed to file or serve any document in the
action, the party seeking relief may file and serve a motion for
default after the required time for a response has expired. The clerk
must enter a default if the party against whom affirmative relief has
been sought has failed to file or serve any document.

(b) 	By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise defend as provided
by these rules or any applicable statute or any order of court, the
party seeking relief may file and serve a motion for default. The
court may then enter a default against a party against whom
affirmative relief is sought.
(c) 	Right to Plead and Right to Receive Service of
Documents. Until a default is entered against a party, all
documents filed in the action or otherwise required to be served
must be served on that party. A party may plead or otherwise
defend at any time before default is entered. If a party against
whom a default has been entered files any document after the
default is entered, the clerk must notify the party of the entry of the
default. The clerk must make an entry on the progress docket
showing the notification.
(d) 	Setting aside Default. The court may set aside a default,
and if a final judgment consequent thereon has been entered, the
court may set it aside in accordance with rule 1.540(b).
(e) 	Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against an infant or incompetent person unless represented in the
action by a general guardian, committee, conservator, or other
representative who has appeared in it or unless the court has made
an order under rule 1.210(b) providing that no representative is
necessary for the infant or incompetent. If it is necessary to take an
account, to determine the amount of damages, to establish the
truth of any averment by evidence, or to make an investigation of
any other matter to enable the court to enter judgment, the court
may receive affidavits, make references, or conduct hearings as it
deems necessary. After notice to the defaulted party of any
evidentiary hearing on the above matters and of any trials, and after
service of the trial order in these circumstances, the court must
accord a right of trial by jury to the parties when required by the
Constitution or any statute.
Court Commentary

1984 Amendment. Subdivision (c) is amended to change the
method by which the clerk handles papers filed after a default is
entered. Instead of returning the papers to the party in default, the
clerk will now be required to file them and merely notify the party
that a default has been entered. The party can then take whatever
action the party believes is appropriate.
This is to enable the court to judge the effect, if any, of the
filing of any paper upon the default and the propriety of entering
final judgment without notice to the party against whom the default
was entered.

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