Legal Opinion
Mullne v. Sea-Tech Construction, Inc.
District Court of Appeal of Florida
Decided April 18, 2012No. 4D10-4889PublishedCited by 17 opinions
1Opinion of the CourtMay, C.J.
A defendant in a two-count complaint for breach of contract and foreclosure of a construction lien appeals an order denying his motion to vacate a default judgment against him. He argues the trial court erred in denying the motion because the underlying default judgment is void. We agree and reverse.
The plaintiff filed a two-count complaint against the defendant and his spouse.1 Count I alleged a breach of contract claim against the wife. It alleged the plaintiff had contracted with the wife to erect a seawall on property owned by the wife and defendant. Count II sought to foreclose a…
2Cases cited7 opinions
- Sterling Factors v. US Bank Nat. Ass'nDistrict Court of Appeal of Florida · 2007
- Board of Regents v. Stinson-Head, Inc.District Court of Appeal of Florida · 1987
- Lloyd's Underwriter's at London v. Ruby, Inc.District Court of Appeal of Florida · 2001
- Fine v. FineDistrict Court of Appeal of Florida · 1981
- Halpern v. HouserDistrict Court of Appeal of Florida · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bank of New York Mellon v. ReyesDistrict Court of Appeal of Florida · 2013
- 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
- Wachovia Mortgage Corp. v. Paul J. Posti, Jr., etc., Bella Terra Community Association, Inc.District Court of Appeal of Florida · 2015
- Effective Teleservices, Inc. v. SmithDistrict Court of Appeal of Florida · 2014
- Bac Home Loans Servicing, Inc. v. de HeadleyDistrict Court of Appeal of Florida · 2013
12 more not listed; retrieve them via the Exa API.