Bojadzijev v. Roanoke Technology Corp.

Summary

The Florida Fifth District Court of Appeal affirmed a default final judgment and the denial of the defendant's motion to vacate it. The court held that the defendant failed to establish excusable neglect, a meritorious defense, or due diligence, and waived any right to seek arbitration by not timely moving to compel arbitration. The court further held that challenges to the damages determination should have been raised on direct appeal rather than through a motion for relief from judgment.

Holdings

1. A party seeking to set aside a default final judgment must show excusable neglect, a meritorious defense, and due diligence. Because Bojadzijev did not challenge the trial court's determination that he failed to establish those requirements, the judgment was not subject to vacatur on that basis.
2. A trial court does not refuse to consider a lawsuit merely because the contract sued upon contains an arbitration clause. The party seeking arbitration must timely move to compel arbitration, and the failure to do so waives the right to seek arbitration.
3. Errors concerning the trial court's handling of the jury demand or determination of damages were errors to be raised on direct appeal, not grounds for relief from judgment under the circumstances presented.

Questions Presented

1. Whether Bojadzijev established the grounds required to vacate the default final judgment.
2. Whether the trial court was required to dismiss the complaint sua sponte because the attached contracts contained arbitration clauses.
3. Whether alleged errors concerning the jury demand and the evidentiary basis for the damages award could be raised through a motion to vacate rather than by direct appeal.

Disposition

affirmed