KENNETH KOEHLER, APPELLANT,
v.
IAN ROBERTS, INDIVIDUALLY AND SUNPRIME COMPUTING, LTD., APPELLEES
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Kenneth Koehler appeals a judgment holding him personally liable for a debt of his corporation, World Wide Systems. The court reverses because the appellees never requested personal liability against Koehler in their pleadings, and Florida law prohibits trial courts from granting relief not requested by way of pleading or tried by consent.
The trial court erred by entering a personal judgment against Koehler when the appellees never requested such relief. Florida law prohibits courts from decreeing relief that has neither been requested by pleading nor tried by consent.
[1] A trial court cannot grant relief that has not been requested by the pleadings and not tried by consent of the parties.
[2] A party seeking to hold an individual personally liable for a corporate debt must specifically request such relief in their pleadings.
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Join FLexlaw to unlock all legal intelligence“a trial court does not have the authority to decree relief that has neither been requested by way of pleading nor tried by consent”
Establishes the core legal principle that courts cannot grant relief not requested in pleadings
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Join FLexlaw to unlock all legal intelligenceThe appellees sued World Wide Systems for breach of contract and obtained a summary judgment against the company for $24,086.50, with Koehler serving …
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QUINCE, Judge.
Kenneth Koehler appeals a final judgment entered against him in a proceeding on a creditor’s bill in which the trial court held him personally hable for sums due the appel-lees. Because this relief was not requested by the appellees in their pleading, we reverse.
The appellees, Ian Roberts and SunPrime Computing, Ltd., filed a breach of contract action against World Wide Systems People, Ltd., Inc. (World Wide). Koehler, as president of World Wide, filed an answer to the complaint. Thereafter, appellees filed a motion for summary judgment, which was granted by the trial court. In the final summary judgment order the court entered judgment against World Wide and in favor of the appellees in the principal sum of $24,086.50. A copy of the judgment was sent to Koehler as registered agent for World Wide.
Six months later appellees filed a “motion to show cause and for prosecution of creditors bills” alleging, inter alia, that Kenneth Koehler, as registered agent for World Wide, failed to bring to his deposition the company’s financial documents. Although the pleading also alleged World Wide was a shell corporation formed on behalf of Kenneth Koehler, individually, and a similarly named Cayman corporation, the relief sought was either to require Koehler to produce the financial records of the company or to show cause why they should not be produced. The trial judge, however, issued the order to show cause to Kenneth Koehler, individually. Koehler was to show cause why he should not be held liable for the debt of World Wide. Koehler filed a “motion to quash order to show cause and to dismiss motion for creditors bill” alleging defects in the motion for creditor’s bill, including appellees’ failure to request judgment against Koehler, individually. This appeal timely followed the final judgment holding Koehler individually liable for the debt of World Wide.
Appellant argues and we agree that the trial court erred by entering a personal judgment against appellant when no such relief was requested by the appellees. The courts of this state have consistently held that a trial court does not have the authority to decree relief that has neither been requested by way of pleading nor tried by consent. Miceli v. Gilmac Developers, Inc., 467 So. 2d 404 (Fla. 2d DCA 1985); Pond v. McKnight, 339 So. 2d 1149 (Fla. 2d DCA 1976); Freeman v. Freeman, 447 So. 2d 963 (Fla. 1st DCA 1984); Kornbluh v. Lowenberg, 401 So. 2d 880 (Fla. 3d DCA 1981). Appellees’ request for an order to show cause simply asked that appellant be required to produce certain documents and records or that appellant be required to show cause why the docu ments and records should not be produced. The appellees never asked the trial court to hold appellant personally liable on the debt. Indeed, the appellees’ pleading ^continually referred to appellant as the registered agent of World Wide, the judgment debtor. Additionally, the motion to dismiss filed by appellant makes it clear this was not a matter being tried by consent.
Since appellees did not request the relief decreed by the court, we reverse the final judgment finding appellant personally liable for the debt of World Wide. Because of our ruling on this issue, we need not address the other issues raised by the appellant but note that any future proceeding on a creditor’s bill should comply with the requirements of section 68.05, Florida Statutes (1991).
CAMPBELL, A.C.J., and LAZZARA, J., concur.
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Conidaris v. Cresswood Servs., Inc., 779 So. 2d 518 (Fla. 2d DCA 2000)…court then entered a judgment requiring the Conidarises to pay Cresswood $8,000 for the furniture, “to do equity.” A trial court may not decree relief that has neither been requested by way of pleading nor tried by consent. See Koehler v. Roberts, 661 So. 2d 374, 374 (Fla. 2d DCA 1995); Miceli v. Gilmac Developers, Inc., 467 So. 2d 404, 406 (Fla. 2d DCA 1985). Although the trial court’s ruling here may be supported by an equitable argument, neither party sought an equitable remedy, nor does the record show…
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Morton S. Corin, M.D. v. Mark Goldberg, M.D., 829 So. 2d 943 (Fla. 3d DCA 2002)…nly and erroneously entered judgment against a party, the appellant, Dr. Corin, individually, against whom no relief was sought in any existing pleading. See Milio v. Leinoff and Silvers, P.A., 668 So. 2d 1108 (Fla. 3d DCA 1996); Koehler v. Roberts, 661 So. 2d 374 (Fla. 2d DCA 1995); Barkett v. Hardy, 571 So. 2d 13 (Fla. 2d DCA 1990); Antoniadis v. Earca, 442 So. 2d 1001 (Fla. 3d DCA 1983), pet. for review denied, 451 So. 2d 847 (Fla.1984). His motion for rehearing below, which sought to remove him from the f…
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Bettie M. Hill v. Poole, 790 So. 2d 1209 (Fla. 2d DCA 2001)…6 award. This was error. When Poole’s counsel withdrew this portion of the prayer for relief, the trial court was without jurisdiction to make the award. See Conidaris v. Cresswood Servs., Inc., 779 So. 2d 518 (Fla. 2d DCA 2000); Koehler v. Roberts, 661 So. 2d 374 (Fla. 2d DCA 1995). Accordingly, we affirm the final judgment, except for the $216 credit for Poole’s insurance premium, and remand for entry of an amended final judgment. Affirmed in part, reversed in part, and remanded. PARKER, A.C.J., and FUL…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Freeman v. Freeman, 447 So. 2d 963 (Fla. 1st DCA 1984)
- Miceli v. Gilmac Developers, Inc., 467 So. 2d 404 (Fla. 2d DCA 1985)
- Pond v. Cora M. McKNIGHT, 339 So. 2d 1149 (Fla. 2d DCA 1976)
- Kornbluh v. Lowenberg, 401 So. 2d 880 (Fla. 3d DCA 1981)