Legal Opinion

Bodygear Activewear, Inc. v. Counter Intelligence Services

District Court of Appeal of Florida

Decided December 20, 2006No. 4D06-1498PublishedCited by 19 opinions

1Opinion of the CourtGross, J.

Bodygear Aetivewear, Inc. appeals the trial court’s denial of its motion to vacate final judgment and set aside a default. We affirm the order refusing to set aside the default as being within the court’s discretion after an evidentiary hearing. However, because the circuit court entered a final judgment for unliquidated damages without the notice and hearing required by the rules of civil procedure, we reverse the order denying the motion to vacate the final judgment.

On November 14, 2003, appellee, Counter Intelligence Services,' Inc., filed suit against Bodygear for breach of contract. The…

2Cases cited15 opinions

  1. Bowman v. Kingsland Development, Inc.District Court of Appeal of Florida · 1983
  2. Asian Imports, Inc. v. PepeDistrict Court of Appeal of Florida · 1994
  3. Parker v. DekleSupreme Court of Florida · 1903
  4. Watson v. Seat & CrawfordSupreme Court of Florida · 1859
  5. Pierce v. AnglinDistrict Court of Appeal of Florida · 1998

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3Cited by19 opinions

  1. Sharon P. Talbot v. Margaret A. RosenbaumDistrict Court of Appeal of Florida · 2014
  2. Ciprian-Escapa v. City of OrlandoDistrict Court of Appeal of Florida · 2015
  3. Minkoff v. Caterpillar Financial Services Corp.District Court of Appeal of Florida · 2013
  4. Miami Beverly LLC v. City of MiamiDistrict Court of Appeal of Florida · 2017
  5. Stanislav Kotlyar v. Metropolitan Casualty Insurance Company, as subrogee of Cheryl DambrosioDistrict Court of Appeal of Florida · 2016

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