Legal Opinion

Juan v. Fame International Bay, Inc.

District Court of Appeal of Florida

Decided May 21, 2003No. 3D02-2769PublishedCited by 1 opinion

1Per curiam

Our review of the record leads us to the conclusion that the trial court erred when it defaulted the defendant. See Rule 1.500(b), Fla. R. Civ. P. As the final judgment was based upon the invalid default, the trial court erred when it denied Felix Juan’s motion to set aside default and default final judgment. See Green Solutions Int’l., Inc. v. Gilligan, 807 So.2d 693 (Fla. 5th DCA 2002). Accordingly, the order appealed is reversed and the cause remanded for further proceedings consistent herewith.

Reversed and remanded.

2Cases cited1 opinion

  1. GREEN SOLUTIONS INTERN., INC. v. GilliganDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. Mauna Loa Investment, LLC v. SantiagoDistrict Court of Appeal of Florida · 2013