Proctor v. Two Ocean Moped Rental, Inc.

District Court of Appeal of Florida

Proctor v. Two Ocean Moped Rental, Inc.

128 So. 3d 48, 2012 WL 5933071, 2012 Fla. App. LEXIS 20340

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 2012

DocketNo. 3D12-1695

StatusPublished

This text of 128 So. 3d 48 (Proctor v. Two Ocean Moped Rental, 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.

Bluebook

Proctor v. Two Ocean Moped Rental, Inc., 128 So. 3d 48, 2012 WL 5933071, 2012 Fla. App. LEXIS 20340 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

We deny the petition on the merits. Given the procedural posture in which this case has arrived at this Court, we take no further action. Upon a review of the record below, however, we do note that this petition originates from an order which granted a default judgment against some (but not all) of the corporate defendants. This default judgment was evidently granted upon the premise that these defaulted corporate defendants were not represented by counsel. That premise, however, appears to be incorrect, as the record provided by the parties evidences that all corporate defendants were in fact represented by counsel at the time the trial court granted the motion for default judgment. The motion to withdraw was filed some ten days after the motion for default judgment was granted. The motion to withdraw was granted in an order entered sixteen days after the motion for default judgment was granted.

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PER CURIAM.

We deny the petition on the merits. Given the procedural posture in which this case has arrived at this Court, we take no further action. Upon a review of the record below, however, we do note that this petition originates from an order which granted a default judgment against some (but not all) of the corporate defendants. This default judgment was evidently granted upon the premise that these defaulted corporate defendants were not represented by counsel. That premise, however, appears to be incorrect, as the record provided by the parties evidences that all corporate defendants were in fact represented by counsel at the time the trial court granted the motion for default judgment. The motion to withdraw was filed some ten days after the motion for default judgment was granted. The motion to withdraw was granted in an order entered sixteen days after the motion for default judgment was granted.

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Bluebook (online)

128 So. 3d 48, 2012 WL 5933071, 2012 Fla. App. LEXIS 20340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proctor-v-two-ocean-moped-rental-inc-fladistctapp-2012.