Week of September 25, 2009

ERROR TO VACATE DEFAULT FINAL JUDGMENT ON THE GROUND THAT THE PLAINTIFF’S COMPLAINT DID NOT STATE A CAUSE OF ACTION

Infante v. Vantage Plus Corp., 34 Fla. L. Weekly D1902 (Fla. 3rd DCA September 16, 2009):

The trial court improperly vacated a default final judgment on the ground that the complaint was technically deficient.  Because the trial court erred when it ruled that the default judgment was void for failing to properly plead the certain counts, the court reversed the order vacating the ultimate default final judgment.

*Available to handle appellate and trial support matters for attorneys throughout the state.

Comments are closed.