Legal Opinion

Southeast Land Developers, Inc. v. All Florida Site & Utilities, Inc.

District Court of Appeal of Florida

Decided February 12, 2010No. 1D09-2170PublishedCited by 6 opinions

1Opinion of the CourtThomas, J.

Appellants seek review of the trial court’s order denying their motion to set aside a default judgment filed pursuant to Florida Rule of Civil Procedure 1.540. Appellants argue that the judgment is void because it is based upon a complaint that failed to state a claim. We agree that the judgment is void, and reverse.

Appellee All Florida Site & Utilities, Inc. (“Subcontractor”) filed a complaint against Appellant Southeast Land Developers, Inc. (“Contractor”) for breach of a construction contract by failure to pay for the Subcontractor’s work. The Subcontractor’s complaint alleged that the…

2Cases cited15 opinions

  1. North Shore Hospital, Inc. v. BarberSupreme Court of Florida · 1962
  2. Ginsberg v. Lennar Florida HoldingsDistrict Court of Appeal of Florida · 1994
  3. Curbelo v. UllmanSupreme Court of Florida · 1990
  4. Geer v. JacobsenDistrict Court of Appeal of Florida · 2004
  5. Becerra v. Equity Imports, Inc.District Court of Appeal of Florida · 1989

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3Cited by6 opinions

  1. Condominium Ass'n of La Mer Estates v. Bank of New York Mellon Corp.District Court of Appeal of Florida · 2014
  2. The Bank of New York Mellon, etc. v. Condominium Association of La Mer Estates, Inc.Supreme Court of Florida · 2015
  3. Panama City General Partnership v. Godfrey Panama City Investment, LLCDistrict Court of Appeal of Florida · 2013
  4. Bank of America, N.A. v. LaneDistrict Court of Appeal of Florida · 2011
  5. The Bank of New York Mellon, etc. v. Condominium Association of La Mer Estates, Inc.Supreme Court of Florida · 2015

1 more not listed; retrieve them via the Exa API.

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