Legal Opinion
Hogan v. Garceau
District Court of Appeal of Florida
Decided August 13, 2004No. 5D04-436PublishedCited by 2 opinions
1Opinion of the Court
880 So.2d 823 (2004)
Garland HOGAN, Appellant,
v.
Donald GARCEAU and Charlotte E. Garceau, Appellees.
No. 5D04-436.
District Court of Appeal of Florida, Fifth District.
August 13, 2004.
Garland Hogan, Coleman, pro se.
Kimberly A. Schulte, Leesburg, for Appellees.
PLEUS, J.
This is an appeal of a final judgment of default. We conclude that the lower court erred in entering a final judgment of default against Hogan because the complaint failed to make any allegations against him, much less allege a cause of action. Accordingly, we vacate the final judgment of default and remand for further proceedings.
Hog…
2Cases cited3 opinions
- Becerra v. Equity Imports, Inc.District Court of Appeal of Florida · 1989
- Board of Regents v. Stinson-Head, Inc.District Court of Appeal of Florida · 1987
- Colby Materials, Inc. v. Caldwell Const., Inc.District Court of Appeal of Florida · 2004
3Cited by2 opinions
- Appel v. Lexington Insurance Co.District Court of Appeal of Florida · 2010
- S.W. Florida Paradise Property, Inc. v. SegelkeDistrict Court of Appeal of Florida · 2013