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The Fourth District Court of Appeal reversed a circuit court's entry of default and final default judgment against a defendant in an employment-related dispute, finding no factual or legal basis for the judgment. The court remanded the case for trial, criticizing both the defendant's counsel for improper entry of the default and the plaintiff's counsel for improper denial of the motion for reconsideration.
The circuit court erred in entering the default and final default judgment against the defendant. The defendant's counsel was responsible for the improper entry of default, and the plaintiff's counsel was responsible for the improper denial of the motion for reconsideration. The default judgment must be vacated and the case set for trial.
[1] A default and final default judgment may not be entered against a defendant without a factual or legal basis in the record.
[2] An appellate court may reverse the entry of default and final default judgment when the record lacks supporting evidence or legal grounds.
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Join FLexlaw to unlock all legal intelligence“We reverse because the record contains no factual evidence or legal basis to have supported the circuit court's entry of default and final default judgment against the defendant.”
The core holding that the default judgment lacked any evidentiary or legal support
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Join FLexlaw to unlock all legal intelligenceThe defendant was subject to a default and final default judgment entered by the circuit court. The defendant subsequently filed a motion for reconsid…
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GERBER, J.
The defendant appeals from the circuit court’s entry of default and final default judgment against her and the circuit court’s order denying her motion for reconsideration.
We reverse because the record contains no factual evidence or legal basis to have supported the circuit court’s entry of default and final default judgment against the defendant. We conclude the defendant’s counsel was responsible for the improper entry of the default and final default judgment against the defendant, and the plaintiff’s counsel was responsible for the improper denial of the defendant’s motion for reconsideration.
Based on the foregoing, we remand for the circuit court to vacate the default and final default judgment entered against the defendant. The circuit court shall enter an order setting the case for trial, which order shall not be vacated unless the parties resolve the case by settlement or for other good cause.
We trust that our discussion with both counsel during oral argument regarding their professional responsibilities will result in “the just, speedy, and inexpensive determination” of this action going forward. Fla. R. Civ. P. 1.010; see also R. Regulating Fla. Bar Preamble: A Lawyer’s Responsibilities (“A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice.”); Oath of Admission to the Fla. Bar (“To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.”). No further comment or action on our part is necessary at this time.
Reversed and remanded with instructions.
MAY and ARTAU, JJ., concur.