DeLillo v. Facel Vega, Inc.
District Court of Appeal of Florida
1Per curiam
We affirm the trial court’s refusal to set aside the default entered against Andrew DeLillo, Jr., because Mr. DeLillo did not demonstrate due diligence in seeking relief upon learning of the default. Gibraltar Service Corporation v. Lone and Associates, 488 So.2d 582 (Fla. 4th DCA 1986); Garvin v. South Carolina Insurance Company, 528 So.2d 929 (Fla. 2d DCA 1988); Fischer v. Barnett Bank of South Florida, 511 So.2d 1087 (Fla. 3d DCA *1741987). However, Mr. DeLillo is entitled to a trial as concerns the amount of damages since under the terms of the contract the damages were unliquidated. Cole…
2Cases cited5 opinions
- Gibraltar Serv. Corp. v. LOAN & ASSOCIATESDistrict Court of Appeal of Florida · 1986
- Fischer v. Barnett Bank of South Florida, NADistrict Court of Appeal of Florida · 1987
- Cole v. Blackwell, Walker, Gray, Powers, Flick & HoehlDistrict Court of Appeal of Florida · 1988
- Garvin v. South Carolina Ins. Co.District Court of Appeal of Florida · 1988
- Dysart v. an Ultimate Pool Serv. & Repair, Inc.District Court of Appeal of Florida · 1989