Kay v. Swimmer

HORTON, Judge.

Appellants, defendants below, seek review of an adverse final judgment by default which was entered consequent upon their failure to attend and submit themselves for depositions upon oral interrogatories after being duly served with notice pursuant to the Florida Rules of Civil Procedure. The judgment was entered under the aegis of Rule 1.31(d), Florida Rules of Civil Procedure, 30 F.S.A., and based solely upon the complaint- and certain exhibits attached thereto. No other proof of damages was evident or offered.

The complaint alleged that the parties entered into a written…