Baker v. Deigert

District Court of Appeal of Florida

Baker v. Deigert

724 So. 2d 634, 1998 Fla. App. LEXIS 16464, 1998 WL 906763

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1998

DocketNo. 98-1754

StatusPublished

This text of 724 So. 2d 634 (Baker v. Deigert) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Deigert, 724 So. 2d 634, 1998 Fla. App. LEXIS 16464, 1998 WL 906763 (Fla. Ct. App. 1998).

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Opinions

GRIFFIN, C.J.

We agree with appellant that the lower court erred in denying the motion to set aside the clerk’s default due to lack of notice to defendant as required by the rule. We, nevertheless, affirm the determination of the issue of liability in favor of the plaintiffs because we agree that the only arguably viable defense to liability — that the copy of the lease executed by the defendant was illegible — is legally insufficient. Even if true, having elected to sign a lease whose terms he was unable to read, the defendant may not now repudiate it.

AFFIRMED.

COBB, J., concurs. HARRIS, J., concurs in part; dissents in part, with opinion.

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GRIFFIN, C.J.

We agree with appellant that the lower court erred in denying the motion to set aside the clerk’s default due to lack of notice to defendant as required by the rule. We, nevertheless, affirm the determination of the issue of liability in favor of the plaintiffs because we agree that the only arguably viable defense to liability — that the copy of the lease executed by the defendant was illegible — is legally insufficient. Even if true, having elected to sign a lease whose terms he was unable to read, the defendant may not now repudiate it.

AFFIRMED.

COBB, J., concurs. HARRIS, J., concurs in part; dissents in part, with opinion.

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724 So. 2d 634, 1998 Fla. App. LEXIS 16464, 1998 WL 906763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-deigert-fladistctapp-1998.

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