BLL PROPERTIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
TRS JUNIORS, INC., WWA INVESTMENTS, INC., A FLORIDA CORPORATION, BAY LOUNGE, INC., A FLORIDA CORPORATION, DOING BUSINESS AS MONTEGO BAY LOUNGE, RENDA REALTY, INC., A FLORIDA CORPORATION AND AN UNKNOWN PERSON IN POSSESSION, APPELLEES
Explore caselaw by topic → Browse Default Judgment Requirements cases and more on FLexlaw
PER CURIAM.
BLL Properties, Inc. appeals a summary final judgment of foreclosure in favor of WWA Investments, Inc.. The default contained in the April 13,1995 “Order on Plaintiffs Motion for Sanctions” was improperly entered. There was no express written finding of BLL’s willful or deliberate refusal to obey a court order. Commonwealth Federal Savings & Loan Assoc. v. Tubero, 569 So. 2d 1271 (Fla.1990); Wright v. Allen, 611 So. 2d 23 (Fla. 1st DCA 1992). Since an attorney had properly filed all of BLL’s pleadings, a default was not required within the time frames present in this case. See Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. 1st DCA 1989); Carillon Corp. v. Devick, 554 So. 2d 630 (Fla. 4th DCA 1989); Szteinbaum v. Kaes Inversiones y Valores, 476 So. 2d 247 (Fla. 3d DCA 1985). BLL was entitled to notice of the motion striking its pleadings and the motion for summary judgment.
We reverse the final judgment of foreclosure, the order striking BLL’s pleadings, and the order entering a default against BLL.
REVERSED AND REMANDED.
FARMER, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Rice v. Sheriff Roy Raymond, 17 So. 3d 1284 (Fla. 4th DCA 2009)…ill required prior to entry of default “for a determination of whether the noncompliance was willful or in bad faith” (citing Neder v. Greyhound Fin. Corp., 592 So. 2d 1218, 1218 (Fla. 1st DCA 1992))); see also BLL Props., Inc. v. TRS Juniors, Inc., 679 So. 2d 365, 366 (Fla. 4th DCA 1996) (recognizing that entry of a default as a sanction must be accompanied by express finding that failure to comply with the court’s order was willful). Reversed and Remanded for further proceedings consistent with this opi…
-
Harper-Elder v. Elder, 701 So. 2d 1230 (Fla. 4th DCA 1997)…the appellate court in reaching its conclusion. Tubero, 569 So. 2d at 1273. In this case, the record may certainly support a finding that wife willfully failed to comply with the trial court’s orders. Cf. BLL Properties, Inc. v. TRS Juniors, Inc., 679 So. 2d 365 (Fla. 4th DCA 1996); Townsend v. Feinberg, 659 So. 2d 1218 (Fla. 4th DCA 1995). Accordingly, on remand the trial court may, if deemed necessary, conduct an eviden-tiary hearing for the limited purpose of having wife present evidence of any mitigati…
Authorities Cited
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Szteinbaum v. Kaes Inversiones y Valores, 476 So. 2d 247 (Fla. 3d DCA 1985)
- Carillon Corp. v. Seymour Devick and Florence Devick, 554 So. 2d 630 (Fla. 4th DCA 1989)
- Wright v. Allen, 611 So. 2d 23 (Fla. 1st DCA 1992)
- Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. 1st DCA 1989)