Florida East Coast Properties, Inc. v. Davis

Clark, Judge.

Plaintiff via immediate review certificate appeals from the grant of defendant’s motion to open default.

The facts giving rise to this appeal are as follows: Plaintiff filed suit against defendant seeking actual and punitive damages and attorney fees for defendant’s alleged tortious conduct. Defendant failed to answer the complaint within the time required by law and the case went into default. At the trial limited to the question of damages, a verdict was rendered by the jury awarding plaintiff $2,127.99 general damages, $10,000 punitive damages and $2,500 attorney fees.

Before…