Legal Opinion

Premise, Inc. v. Withlacoochee River Electric Cooperative, Inc.

District Court of Appeal of Florida

Decided March 10, 2017No. Case 2D16-3466PublishedCited by 2 opinions

1Opinion of the Court

VILLANTI, Chief Judge.

Premise, Inc., Stay Secure Solutions, LLC, and Robert G. Nowels (collectively “Premise”) appeal an order which denied a motion to set aside final judgment entered in favor of Withlacoochee River Electric Cooperative, Inc. (WREC), in an action for breach of contract arising from a purchase and maintenance agreement. Because the trial court based the default judgment amount upon its erroneous belief that the damages alleged in the complaint were liquidated, we must reverse.

Premise contracted with WREC for the purchase and maintenance of computer hardware and software. The…

2Cases cited6 opinions

  1. Bodygear Activewear, Inc. v. Counter Intelligence ServicesDistrict Court of Appeal of Florida · 2006
  2. Pierce v. AnglinDistrict Court of Appeal of Florida · 1998
  3. Ciprian-Escapa v. City of OrlandoDistrict Court of Appeal of Florida · 2015
  4. Medcom USA, Inc. v. RYDER HOMES AND GROVES CO.District Court of Appeal of Florida · 2003
  5. Wells Fargo Bank, National Ass'n v. SawhDistrict Court of Appeal of Florida · 2016

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3Cited by2 opinions

  1. ALYSSABETH KLEIN, RUSSELL KLEIN and TRAVIS KLEIN v. ESTATE OF ELEANOR H. KLEINDistrict Court of Appeal of Florida · 2020
  2. Emami v. Progressive Brands, Inc.District Court of Appeal of Florida · 2017

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