G. H. HAYMAN, PLAINTIFF IN ERROR,
v.
E. F. MITCHELL, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a default judgment in a case involving a retain title note, finding that the lower court erred in striking the defendant's pleas and in the declaration's defective ad damnum clause.
The court held that the trial court erred in striking the defendant's amended second plea and in rendering judgment on a declaration with a defective ad damnum clause.
“the court struck the pleas, including a plea of failure of consideration, and rendered judgment by default, and damages were assessed by a jury as “principal $625.00, interest $70.00, attorney’s fee $119.50, total $814.50.””
describes the procedural errors made by the lower court.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, payee of a retain title note for an automobile, sued the defendant. The declaration lacked an ad damnum clause, and the court struck th…
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Per Curiam.
— In an action by the payee on a retain title note given by the defendant for the balance of the purchase price of an automobile, the declaration alleged no damages sustained by the plaintiff, the court struck the pleas, including a plea of failure of consideration, and rendered judgment by default, and damages were assessed by a jury as “principal $625.00, interest $70.00, attorney’s fee $119.50, total $814.50.” Judgment for “the said sum of $814.50 as damages” was rendered and the defendant took writ of error. The amended second plea was not amenable to the motion to strike and the declaration contains a defective ad damnum clause.
Reversed for appropriate proceedings.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Brown, C. J., and Ellis and Strum, J. J., concur in the opinion.