Legal Opinion

Emami v. Progressive Brands, Inc.

District Court of Appeal of Florida

Decided September 6, 2017No. 3D16-2227Published

1Opinion of the Court

SCALES, J. '

Appellant, defendant below, Iman Ema-mi appeals a final default judgment entered in favor of appellee, plaintiff below, Progressive Brands, Inc. (“Progressive”). Because the trial court failed to give Ema-mi an opportunity to contest damages before entering the final default judgment, we hold that the judgment is void and reverse.

Relevant Facts and Procedural Background

In November 2013, Progressive filed the instant action against several defendants in the Miami-Dade' Circuit Court, including Emami. As the case progressed, Progressive dismissed one defendant; another corporate…

2Cases cited14 opinions

  1. SEC. Bank v. Bellsouth Adv. & Pub. Corp.District Court of Appeal of Florida · 1996
  2. Noeling v. StateSupreme Court of Florida · 1956
  3. Bursten v. GreenDistrict Court of Appeal of Florida · 1965
  4. Cross-Aero Corp. v. Cross-Aero Service Corp.District Court of Appeal of Florida · 1976
  5. Bradley Vercosa and Superclean Restoration, LLC v. Claudia Fields, Craig Greene, MSG Built-Tech Construction Corporation and Andres R. NunezDistrict Court of Appeal of Florida · 2015

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