Fla. R. Civ. P. 1.500 — Defaults and Final Judgments
Last verified from official source: April 30, 2026 · Source: Florida Bar — Florida Rules of Civil Procedure (eff. April 1, 2026), p. 3
Rule Text (verbatim)
(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.
April 1, 2026 Florida Rules of Civil Procedure 167 (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
April 1, 2026 Florida Rules of Civil Procedure 168 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.
Plain-English Breakdown
Practitioner notes by John M. Phillips, Board Certified Civil Trial Lawyer — coming soon. Watch the video below for the plain-English breakdown.
Rule Text (Verbatim)
The text below is mirrored verbatim from the Florida Bar’s official publication. Public domain.
THEREON ……………………………………………… 167
Committee Notes
View Committee Notes (legislative history)
No Committee Notes for this rule version.
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This page summarizes a Florida Rule of Civil Procedure for educational purposes. The rule text and Committee Notes are mirrored from the Florida Bar’s official publication and are public domain. The plain-English summary is the opinion of Phillips, Hunt & Walker and is general information only — not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case.
Subsection-by-Subsection Practitioner Notes — Rule 1.500
Subsection (a) — Default by Clerk
(a) authorizes the clerk to enter a default for failure to file or serve any paper as required. The clerk’s default is administrative — no court order required. File the motion for clerk’s default with proof of service of the original complaint and proof of the failure to respond within the response period. The clerk reviews the file and enters default if the requirements are met. Clerk’s default is the default of choice when the defendant has done nothing — no appearance, no motion, no answer.
Subsection (b) — Default by Court
(b) authorizes the court to enter default in any case where the defendant has failed to plead or otherwise defend. Court-entered default is required when the relief sought is unliquidated, when notice and hearing on damages is constitutionally required, or when the defaulted party has filed any paper in the case. The defaulted party who has filed any paper is entitled to notice of the application for default judgment — skip the notice and the judgment is voidable.
Subsection (c) — Setting Aside a Default
(c) addresses motions to vacate default. Florida courts apply a liberal standard, granting relief when the defaulted party shows (1) excusable neglect, (2) due diligence in seeking relief once the default was discovered, and (3) a meritorious defense. Conclusory affidavits — “I was busy,” “the file got lost” — do not satisfy excusable neglect. Sworn factual detail of the chain of custody and the missed-deadline mechanism does. Courts grant relief frequently when these three are shown; courts deny when any one is missing.
Service Discipline and Vacatur
Defaults are set aside on improper service alone. The affidavit of service must show personal service on the defendant or a valid alternative — substituted service under section 48.031, Florida Statutes, or service by publication where authorized. Sloppy service affidavits are the most common reason defaults get vacated months after entry. Document the service of process meticulously and review the return of service before moving for default.
Damages Hearings on Unliquidated Claims
When the damages are unliquidated, a hearing is required even after default. The defaulted defendant has the right to participate in the damages hearing — to cross-examine witnesses, to challenge the damages amount, and to present evidence on damages — even though liability is established. Plaintiffs who treat the damages hearing as a formality lose evidence motions and end up with reduced verdicts. Prepare the damages case as if liability were contested.
Multi-Defendant Default — The Frow Doctrine
For multi-defendant cases with interrelated liability, default judgment cannot be entered against the defaulted defendant alone if the non-defaulted defendants prevail at trial on the merits. This is the federal rule under Frow v. De La Vega, 82 U.S. 552 (1872). Some Florida courts have applied analogous reasoning in multi-defendant default contexts; confirm the current Florida case law before relying on this rule in a brief. Plan the trial strategy around the interlocking parties — a default against one defendant may be effectively meaningless if the others win.
Cross-references: See Rule 1.540 (relief from default judgment after entry), Rule 1.080 (service rules), and Rule 1.070 (process and service of process).
Rule Text (verbatim from the Florida Supreme Court)
THEREON ……………………………………………… 167
Educational reference. This page summarizes a Florida Rule of Civil Procedure for educational purposes. The rule text and Committee Notes are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary is the opinion of Phillips, Hunt & Walker and is general information only — not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case.
What this rule means in plain English
Florida Rule of Civil Procedure 1.500 — Defaults and Final Judgments — sets out the procedural requirements for this aspect of Florida civil practice. THEREON ……………………………………………… 167