Calhoun v. Lee

DAUKSCH, Chief Judge.

This is an appeal from an order dismissing a complaint with prejudice. As a final order, it is appealable under Florida Rule of Appellate Procedure 9.030(b)(1)(A). The complaint alleged fraud and deceit in regard to appellee’s, and other’s, home improvement business. Various defendants were served process and their cases were disposed of by the court in a default judgment.

One defendant, appellee John Franta, had not been served when the default judgment was rendered so the cause of action against him was not terminated by the judgment. He was later served and sought to…