DONALD LINCKS, APPELLANT,
v.
JOAN KEENAN, ET AL., APPELLEES
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A complaint that fails to state a cause of action cannot form the basis of a judgment, even if a default has been entered against the defendant.
Appellant sued multiple defendants, including Keenan. The trial court granted a default against Keenan for discovery violations. However, the court la…
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Appellant challenges the dismissal of his fifth amended complaint against Joan Keenan, claiming that the court should not have dismissed it as to Keenan when it had earlier granted a default against her.1 However, the court dismissed the com*185plaint for failure to state a cause of action. Because the entry of a default constitutes an admission of only the well-pleaded factual allegations of the complaint, see Days Inns Acquisition Corp. v. Hutchinson, 707 So.2d 747 (Fla. 4th DCA 1997), a complaint which fails to state a cause of action cannot form the basis of a judgment against the defendant. See GAC Corp. v. Beach, 308 So.2d 550 (Fla. 2d’DCA 1975). The court did not err in dismissing the complaint against Keenan for failure to state a cause of action, even though it had previously granted a motion for default as to Keenan.2
Affirmed.
WARNER, LEVINE, JJ„ and McCANN, JAMES W, Associate Judge, concur.
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Citator
Authorities Cited
- Days Inns Acquisition Corp. v. Hutchinson, 707 So. 2d 747 (Fla. 4th DCA 1997)
- GAC Corp. v. Beach, 308 So. 2d 550 (Fla. 2d DCA 1975)