AL WILSON'S POWER-FUL DISPLAYS, INC., A/K/A AL WILSON'S POWER PRINT, APPELLANT,
v.
MORGAN ADHESIVE, INC., AN OHIO CORPORATION, APPELLEE
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Al Wilson's Power-Ful Displays appealed a default judgment entered by the trial court in favor of Morgan Adhesive, Inc. on a promissory note. The court affirmed, holding that a foreign corporation may sue on a note executed in Florida without qualifying to do business there, and that the defendant was not entitled to further notice after defaulting.
A foreign corporation may sue on a promissory note executed and delivered in Florida without qualifying to do business under Florida statute. A defendant in default is not entitled to notice of trial in a suit for money judgment unless the trial judge determines notice is required under Florida Rule of Civil Procedure 1.500(e).
[1] A foreign corporation may sue on a promissory note executed and delivered in Florida without first qualifying to do business in the state.
[2] A trial court may enter a final judgment based on affidavits to determine the amount of damages if the defendant does not object or file opposing affidavits.
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Join FLexlaw to unlock all legal intelligence“Foreign corporations may sue on notes executed and delivered in Florida without qualifying to do business here.”
Establishes that plaintiff's failure to obtain a Florida business permit does not bar it from suing on the promissory note.
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Join FLexlaw to unlock all legal intelligenceMorgan Adhesive, an Ohio corporation, sued Al Wilson's Power-Ful Displays on a promissory note for $28,084.54, alleging a balance due of $27,365.70 pl…
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Plaintiff, Morgan Adhesive Company, Inc., an Ohio corporation, sued defendant (appellant) on a promissory note in the principal sum of $28,084.54 and alleged the balance due it was $27,365.70, together with interest. Service of process was upon one Al Wilson, President of the defendant corporation. A default was entered and defendant moved to vacate the default. The trial court did not vacate the default but gave defendant ten days within which to answer or plead reciting that if the answer or other pleading did not allege a valid defense to the promissory note then judgment “shall be entered on the default”.
Defendant thereafter timely filed a motion to dismiss the complaint asserting: (1) the plaintiff, a foreign corporation, did not receive a permit to transact business in Florida, pursuant to F.S. § 613.01, F.S.A.; (2) plaintiff cannot maintain an action in Florida due to its failure to comply with F.S. § 613.01, F.S.A. and F.S. § 613.04, F. S.A. In a supplemental motion to dismiss defendant added plaintiff was doing business in Florida although not licensed to do so. Attached thereto was a letter from the Secretary of State advising that plaintiff corporation was not registered in Florida.
The trial judge ruled defendant’s motion did not allege a valid defense to the promissory note and without allowing defendant the right to plead or proceed further, and without trial on the issue of damages, entered a final judgment for plaintiff. Defendant filed a motion for new trial and plaintiff filed another affidavit in support of the final judgment. The court denied defendant’s motion and thereafter, pursuant to court order, plaintiff filed the original promissory note with the court for the first time. Defendant has appealed from the final judgment.
The record shows only that a foreign corporation (plaintiff) sued the de*167fendant (appellant) on a promissory note executed and delivered in Dade County, Florida. This does not establish that plaintiff was a foreign corporation doing business in Florida. See Odell v. Signer, Fla.App.1964, 169 So.2d 851. We, therefore, find defendant’s argument for reversal based on the theory of a foreign corporation doing business in Florida and failing to qualify under F.S. § 613.01, F.S.A. to be without merit. Foreign corporations may sue on notes executed and delivered in Florida without qualifying to do business here.
Plaintiff was seeking to recover damages less than the face amount of the note. Rule 1.500(e) R.C.P., 31 F.S.A., provides, in part:
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“ * * * If it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter to enable the court to enter judgment or to effectuate it, the court may receive affidavits, make references or conduct hearings as it deems necessary and shall accord a right of trial by jury to the parties when required by the Constitution or any statute.”
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The trial court entered final judgment based on an “affidavit in support of motion for final judgment” which set forth dates, payments, credits to principal and interest, balance due and interest. The defendant never objected to this or filed any opposing affidavits. See Coons v. Harllee, Fla.1880, 17 Fla. 484; and Lord et al. v. F. M. Dowling Co., Fla.1906, 52 Fla. 313, 42 So. 585.
Under the authority of Stevenson v. Arnold, Fla.1971, 250 So.2d 270, we hold that the defendant was not entitled to any further notice. In Stevenson, the Supreme Court stated:
* * * * * *
“We * * * conclude that a defendant against whom a default judgment has been duly and regularly entered for failure to file pleadings, is not entitled to notice of trial in a suit seeking a money judgment for unliquidated damages except as may be determined by the trial judge to be required by F.R.C.P. Rule 1.500(e) 31 F.S.A.”
The final judgment herein appealed is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Batavia, Ltd. v. United States, 393 So. 2d 1207 (Fla. 1st DCA 1980)…avia, Ltd., which is seeking to foreclose on a mortgage note and mortgage deed. An examination of Corporate Air Fleet of Tennessee, Inc. v. Ellis, 324 So. 2d 719 (Fla. 2nd DCA 1975) and Al Wilson’s Power-Fill Displays, Inc. v. Morgan Adhesive, Inc., 259 So. 2d 166 (Fla. 3rd DCA 1972) reveals that the enactment of Section 607.304(2)(g) and (h) does what these cases already permitted, i. e., that foreign corporations may sue on notes executed and delivered in Florida without qualifying to do business in Florida…1 / 2
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Corporate AIR Fleet OF Tenn., Inc. v. Ellis, 324 So. 2d 719 (Fla. 2d DCA 1975)…Myers (1939), 137 Fla. 853, 188 So. 853; McMullen v. Inland, Realty Corporation (1933), 113 Fla. 476, 152 So. 740 (Special Concurring Opinion reported in 156 So. 481); Al Wilson’s Power-Ful Displays, Inc. v. Morgan Adhesive, Inc. (Fla.App. 3d 1972), 259 So. 2d 166.…
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Rodriguez v. Interoceanic Bank OF Panama, Inc., 424 So. 2d 969 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. Batavia, Ltd. v. United States, 393 So. 2d 1207 (Fla. 1st DCA 1981); Al Wilson’s Power-Ful Display, Inc. v. Morgan Adhesive, Inc., 259 So. 2d 166 (Fla. 3d DCA 1972); 27 Fla.Jur.2d, Fraud and Deceit § 103 (1981).…
Authorities Cited
- Stevenson v. Arnold, 250 So. 2d 270 (Fla. 1971)
- Odell v. Burton R. Signer and David Marks, 169 So. 2d 851 (Fla. 3d DCA 1964)
- Lord v. F. M. Dowling Co., 52 Fla. 313 (Fla. 1906)
- Coons v. Harllee, 17 Fla. 484 (Fla. 1880)