Barancik v. Schreiber

Plaintiff counts upon a'judgment rer covered by him against defendant in the civil court of record for Dade county, Florida, upon a promissory note, and in which suit defendant was personally served. Plaintiff moved for summary judgment. Without quoting in full one of the affidavits of defendant’s Counsel (and the one which sets forth more in detail the defense! it will suffice to say that it sets up:(1) That the Florida judgment is void because in excess of the ad damnum clause of the declaration; (2) because defendant’s default was there entered on the April rule day instead of the May rule…