Legal Opinion

Vacation Escape, Inc. v. Michigan National Bank

District Court of Appeal of Florida

Decided May 19, 1999No. 98-1465PublishedCited by 7 opinions

1Opinion of the CourtDell, J.

Vacation Escape, Inc. appeals from a final default judgment, contending that the trial court erred when it failed to resolve its motion to set aside the clerk’s default before entering a final judgment as to Count I. We reverse.

On November 20, 1997, appellee filed a four-count complaint against appellant and appellant’s principals (“the Hamiltons”). Neither appellant nor the Hamiltons responded to the complaint, and on December 12, 1997, a clerk’s default was entered against them on all four counts. Thereafter, appellee amended its complaint to add Count V against the Hamiltons. On January…

2Cases cited5 opinions

  1. Dudley v. WhiteSupreme Court of Florida · 1902
  2. Cobb v. TrammellSupreme Court of Florida · 1917
  3. Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Construction Co.Supreme Court of Florida · 1964
  4. SISTER DONUT v. Cameron-Brown Co.District Court of Appeal of Florida · 1986
  5. Hernandez v. National Bank of FloridaDistrict Court of Appeal of Florida · 1982

3Cited by7 opinions

  1. Lakeview Auto Sales v. LottDistrict Court of Appeal of Florida · 2000
  2. Goodman v. GoodmanDistrict Court of Appeal of Florida · 2011
  3. Cardiosonx Laboratories, Inc. v. Aguadilla Medical Services, Inc.District Court of Appeal of Florida · 2012
  4. Francisco Negron, Petita Negron, Cindy Negron, and Shirley Negron v. Nellie Hessing and George Hessing, her husbandDistrict Court of Appeal of Florida · 2016
  5. ARCHANA SINGH AND DENNIS MASSEY v. DEV T. KUMARDistrict Court of Appeal of Florida · 2017

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