Florida Family Law Rule 12.500
RULE 12.500. 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 have the clerk enter a default
against the party failing to serve or file such document.
(b) By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise respond as provided
by these rules or any applicable statute or any order of court, the
court may enter a default against such party provided that if such
party has filed or served any document in the action, that party
must be served with notice of the application for default.
(c) Right to Plead. A party may plead or otherwise respond
at any time before default is entered. If a party in default 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 docket showing the notification.
(d) Setting Aside Default. The court may set aside a
default, and if a final judgment on it has been entered, the court
may set it aside in accordance with rule 12.540(b).
(e) Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against a minor or incapacitated person unless represented in the
action by a general guardian, guardian ad litem, attorney ad litem,
committee, conservator, or other representative who has appeared
in it or unless the court has made an order under rule 12.210(b)
providing that no representative is necessary for the minor or
incapacitated person. If it is necessary to take an account or to
determine the amount of damages or to establish the truth of any
allegation by evidence or to make an investigation of any other
matter to enable the court to enter judgment or to effectuate it, the
court may receive affidavits, make referrals, or conduct hearings as
it deems necessary and must accord a right of trial by jury to the
parties when required by the Constitution or any statute.
(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 have the clerk enter a default
against the party failing to serve or file such document.
(b) By the Court. When a party against whom affirmative
relief is sought has failed to plead or otherwise respond as provided
by these rules or any applicable statute or any order of court, the
court may enter a default against such party provided that if such
party has filed or served any document in the action, that party
must be served with notice of the application for default.
(c) Right to Plead. A party may plead or otherwise respond
at any time before default is entered. If a party in default 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 docket showing the notification.
(d) Setting Aside Default. The court may set aside a
default, and if a final judgment on it has been entered, the court
may set it aside in accordance with rule 12.540(b).
(e) Final Judgment. Final judgments after default may be
entered by the court at any time, but no judgment may be entered
against a minor or incapacitated person unless represented in the
action by a general guardian, guardian ad litem, attorney ad litem,
committee, conservator, or other representative who has appeared
in it or unless the court has made an order under rule 12.210(b)
providing that no representative is necessary for the minor or
incapacitated person. If it is necessary to take an account or to
determine the amount of damages or to establish the truth of any
allegation by evidence or to make an investigation of any other
matter to enable the court to enter judgment or to effectuate it, the
court may receive affidavits, make referrals, or conduct hearings as
it deems necessary and must accord a right of trial by jury to the
parties when required by the Constitution or any statute.