terry's takes
Filtered by category: default judgmentMarch 4, 2024
general, default judgment, rule 1 540 motion, service of processWu v. Alem
In a recent case, the Third DCA ruled in favor of plaintiff Timothy Wu, reversing the trial court’s decision to vacate a default judgment against Matias Alem and his company, Right Move Real Estate. Alem challenged the service of process, claiming he was not personally served, but the court upheld the service’s validity since the return of service met statutory requirements, and Alem provided no corroborating evidence to refute it. The DCA found no excusable neglect or meritorious defense on Alem’s part, leading to a reinstatement of the default judgment for Wu.
read moreMay 31, 2023
4th dca, default judgmentSuperior Brokerage Services, Inc. v. Maduel
a default judgment was entered against superior brokerage services, inc., and the company moved for relief based on the argument that service of process was insufficient. the trial court found that the company had waived its right to complain about insu...
read moreMay 24, 2023
4th dca, default judgment, rule 1 540 motionWolf v. Peter M. Habashy, P.A.
dr. habashy’s corporation sued mr. and mrs. wolf, a married couple, for paying for dental services with a worthless check. on the same day that a default was entered against them, their attorney filed a notice of appearance and a motion for extension of...
read moreMay 3, 2023
4th dca, default judgmentBlatter v. D.N. Suyte Inc.
The Fourth DCA reversed and remanded a default judgment after finding that the trial court improperly entered the judgment without addressing Blatter's motion to vacate the clerk’s default. The court emphasized that a motion to vacate must be resolved before granting a default judgment. Despite the absence of a hearing transcript, the judgment's face revealed this procedural error, warranting reversal.
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