Legal Opinion

720 South Howard, LLC v. Gina Investments, LLC

District Court of Appeal of Florida

Decided October 14, 2016No. 2D15-3897Published

1Opinion of the Court

SILBERMAN, Judge.

720 South Howard, LLC, and Christopher B. Scott (the Defendants) 1 appeal a default final judgment in the amount of $76,945 in this action on a promissory note in count one of the complaint (the only remaining count) in favor of Gina Investments, LLC. Because the trial court should have set aside the clerk’s default upon which the default final judgment is based, we reverse and remand for further proceedings.

Gina Investments filed its complaint on the promissory note against the Defendants on December 16, 2013. On February 6, 2014, Gina filed a motion for clerk’s default…

2Cases cited4 opinions

  1. Mo-Con Properties v. Am. MechanicalDistrict Court of Appeal of Florida · 1974
  2. BEZTAK CONST. CO. v. Kesling Carpets, Inc.District Court of Appeal of Florida · 1992
  3. Stuart-Findlay v. Bank of America, National Ass'nDistrict Court of Appeal of Florida · 2016
  4. Brown v. BrownDistrict Court of Appeal of Florida · 1999

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