Dorothy Chappelle, Calvin Johnson and Evelyn Williams v. South Florida Guardianship Program, Inc.

In an action alleging elder exploitation and fraud, the defendants appeal an order sanctioning them with entry of a judicial default and a final judgment for compensatory and punitive damages. They argue the trial court erred in entering the default without making required findings under Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). We agree and reverse.

The dispute is between the ward’s guardian and the ward’s relatives. The guardian is the ward’s son. He was appointed as the ward’s emergency temporary guardian and plenary guardian due to the ward’s incapacity. Two of the defendants, Dorothy…