Southern Insurance v. Smith-Tyler

Citations

• 43 Fla. 297

Syllabus

<p>1. An entry of final judgment by tbe clerk, after default, must be sustained by affirmative record evidence of every fact essential to show that the act of the clerk was authorized and legal.</p> <p>2. Where a plaintiff confesses a demurrer to his declaration by filing an amended declaration, under Rule 30 of Rules of Circuit Court, a copy of such amended pleading must be served on the adverse party before he is required to reply thereto. A default entered against him for failure to plead to such amended declaration, where no notice or copy of same are served on him, is illegal and should be set aside. .</p> <p>3. A paper purporting to be a copy of a letter from plaintiff’s attorney to defendant’s attorney, asserting that a copy of an amended declaration was therein enclosed, filed with the clerk by plaintiff’s attorney some months after the entry of final judgment against defendant with nothing more, is not evidence that such copy of the amended declaration was served on, defendant.</p>