Legal Opinion

DYC Fishing, Ltd. v. Martinez

District Court of Appeal of Florida

Decided November 5, 2008No. 3D07-3240PublishedCited by 8 opinions

1Opinion of the CourtLagoa, J.

Defendant, DYC Fishing, Ltd. (“DYC”), appeals from a default final judgment awarding damages to plaintiffs, Clara Martinez and Perla Del Caribe, Inc. (collectively “Plaintiffs”). For the reasons set forth below, we affirm the trial court’s order striking DYC’s pleadings and entering a default, but reverse and vacate that portion of the default final judgment awarding unliquidated damages to Plaintiffs.

With regard to the first issue, DYC contends that the order striking its answer and defenses and entering a default was too severe a sanction. Our review of the record, however, shows that the…

2Cases cited4 opinions

  1. Mercer v. RaineSupreme Court of Florida · 1983
  2. Bowman v. Kingsland Development, Inc.District Court of Appeal of Florida · 1983
  3. Cellular Warehouse, Inc. v. GH CELLULARDistrict Court of Appeal of Florida · 2007
  4. US FIRE INS. v. C & C Beauty Sales, Inc.District Court of Appeal of Florida · 1996

3Cited by8 opinions

  1. Ciprian-Escapa v. City of OrlandoDistrict Court of Appeal of Florida · 2015
  2. Motors, Pumps & Accessories, Inc. v. Miami Medley Business & Industrial, LLCDistrict Court of Appeal of Florida · 2013
  3. AT HOME CARE LLC v. OWEN CARHARTDistrict Court of Appeal of Florida · 2021
  4. BRICKELL TRAVEL MANAGEMENT, LLC v. APOGEE LEADERSHIP, LLCDistrict Court of Appeal of Florida · 2022
  5. HERNAN MILLAN v. YSAURA MARQUEZDistrict Court of Appeal of Florida · 2022

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