Gulf Stream Boat Builders, Inc. v. South Dade Boat, Inc.

District Court of Appeal of Florida

Gulf Stream Boat Builders, Inc. v. South Dade Boat, Inc.

583 So. 2d 807, 1991 Fla. App. LEXIS 8319, 1991 WL 152953

CourtDistrict Court of Appeal of Florida

DecidedAugust 13, 1991

DocketNo. 90-1852

StatusPublished

Cited by2 cases

This text of 583 So. 2d 807 (Gulf Stream Boat Builders, Inc. v. South Dade Boat, Inc.) 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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Gulf Stream Boat Builders, Inc. v. South Dade Boat, Inc., 583 So. 2d 807, 1991 Fla. App. LEXIS 8319, 1991 WL 152953 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We reverse the trial court’s denial of a motion to set aside default. Plaintiff misled defendants into believing it was unnecessary to file any responsive pleadings because of ongoing settlement negotiations. Thus, it was unconscionable for plaintiff to take advantage of defendants’ failure to file an answer by obtaining a default judgment without notice to defendants. American Republic Ins. Co. v. Westchester Gen. Hosp., 414 So.2d 1163 (Fla. 3d DCA 1982); Rubenstein v. Richard Fidlin Corp., 346 So.2d 89 (Fla. 3d DCA 1977).

Reversed and remanded for further proceedings consistent with this opinion.

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PER CURIAM.

We reverse the trial court’s denial of a motion to set aside default. Plaintiff misled defendants into believing it was unnecessary to file any responsive pleadings because of ongoing settlement negotiations. Thus, it was unconscionable for plaintiff to take advantage of defendants’ failure to file an answer by obtaining a default judgment without notice to defendants. American Republic Ins. Co. v. Westchester Gen. Hosp., 414 So.2d 1163 (Fla. 3d DCA 1982); Rubenstein v. Richard Fidlin Corp., 346 So.2d 89 (Fla. 3d DCA 1977).

Reversed and remanded for further proceedings consistent with this opinion.

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583 So. 2d 807, 1991 Fla. App. LEXIS 8319, 1991 WL 152953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-stream-boat-builders-inc-v-south-dade-boat-inc-fladistctapp-1991.

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