LeBaron v. Overstreet

Citations

• 39 Fla. 628

Syllabus

<p>1. The judgment of a referee entered in pursuance of an ex parte hearing on the part of the plaintiff, upon a day fixed by the-referee for trial of the issues joined,under sub-division 3 of section 1231, Revised Statutes, is erroneous where the defendant had no notice and had not waived notice of the day fixed for' trial.</p> <p>2. A referee’s notice of the date fixed by him for the trial; not served' until after the hour appointed in the notice for such trial, is insufficient to authorize a judgment entered in pursuance of a hearing begun at the hour named ex parte, but adjourned to-a subsequent day, where defendant did not appear or other-: wise waive notice, and no notice of the adjournment was ever-given him,</p> <p>3. A judgment entered by a referee on an ex parte hearing of issues joined, without notice to defendant of the day fixed for trial, should be by him set aside upon proper and seasonable application by such defendant, without requiring him to make a showing of merits in defense.</p>