Dillon v. Machinery Wholesalers Corp.

District Court of Appeal of Florida

Dillon v. Machinery Wholesalers Corp.

414 So. 2d 1094, 1982 Fla. App. LEXIS 20064

CourtDistrict Court of Appeal of Florida

DecidedMay 11, 1982

DocketNo. 82-116

StatusPublished

Cited by1 cases

This text of 414 So. 2d 1094 (Dillon v. Machinery Wholesalers Corp.) 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.

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Dillon v. Machinery Wholesalers Corp., 414 So. 2d 1094, 1982 Fla. App. LEXIS 20064 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The trial court’s order under review refusing to set aside a default and default judgment in the amount of $113,036.54 entered against Dillon, when examined in light of the rule that any reasonable doubt should be resolved in favor of allowing the cause to be heard on the merits, see, e.g., North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962), must be reversed as the record before us reveals that Dillon’s neglect in responding to the complaint was excusable, see Venusa Export & Import, Inc. v. Gavico Alamo Aircraft Sales, Inc., 361 So.2d 820 (Fla. 4th DCA 1978); see also Edwards v. City of Fort Walton Beach, 271 So.2d 136 (Fla.1972), and his proposed defenses to the complaint were indisputably meritorious. Our holding moots Dillon’s equally persuasive contention that notwithstanding the entry of the default, he was entitled to a trial on the issue of damages where the damages sought were clearly an unliquidated amount. See, e.g., Tallman Pools of Georgia, Inc. v. Wood, 399 So.2d 112 (Fla. 1st DCA 1981); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 4th DCA 1980).

Reversed and remanded with directions to vacate the default and default judgment and for further proceedings.

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PER CURIAM.

The trial court’s order under review refusing to set aside a default and default judgment in the amount of $113,036.54 entered against Dillon, when examined in light of the rule that any reasonable doubt should be resolved in favor of allowing the cause to be heard on the merits, see, e.g., North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962), must be reversed as the record before us reveals that Dillon’s neglect in responding to the complaint was excusable, see Venusa Export & Import, Inc. v. Gavico Alamo Aircraft Sales, Inc., 361 So.2d 820 (Fla. 4th DCA 1978); see also Edwards v. City of Fort Walton Beach, 271 So.2d 136 (Fla.1972), and his proposed defenses to the complaint were indisputably meritorious. Our holding moots Dillon’s equally persuasive contention that notwithstanding the entry of the default, he was entitled to a trial on the issue of damages where the damages sought were clearly an unliquidated amount. See, e.g., Tallman Pools of Georgia, Inc. v. Wood, 399 So.2d 112 (Fla. 1st DCA 1981); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 4th DCA 1980).

Reversed and remanded with directions to vacate the default and default judgment and for further proceedings.

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414 So. 2d 1094, 1982 Fla. App. LEXIS 20064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillon-v-machinery-wholesalers-corp-fladistctapp-1982.

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