Summary
The Florida Fourth District Court of Appeal affirmed the trial court’s decision to vacate a default, holding that the appellant had not shown a gross abuse of discretion. The court reversed an award of attorney’s fees under section 57.105, Florida Statutes, because the plaintiff’s claims presented a justiciable issue of law or fact. The final judgment was otherwise affirmed.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion by setting aside the default entered after the defendant failed to answer the amended complaint and failed to obtain counsel as ordered.
- Whether the trial court properly awarded the defendant attorney's fees under section 57.105, Florida Statutes, based on the partial directed verdict.
Holdings
- The trial court did not grossly abuse its discretion by setting aside the default.
- The award of attorney's fees to the defendant was erroneous because the plaintiff's claim was not so frivolous or meritless as to lack a justiciable issue of law or fact.
Key quotations
“The decision by a trial court to set aside a default should not be disturbed on appeal unless there is not only an abuse of discretion, but a “gross ” abuse.” (509 So. 2d at 1360)
“We conclude that the appellant has failed to satisfy the heavy burden of showing a gross abuse of the trial court’s discretion.” (509 So. 2d at 1360)
“However, the plaintiff’s claim was not so frivolous nor devoid of merit as to permit a conclusion that there was no justiciable issue of law or fact.” (509 So. 2d at 1360)
Factual background
The defendant corporation had answered the initial complaint, but its counsel later withdrew. The trial court ordered the corporation to obtain new counsel within fifteen days, and the corporation failed to file an answer to the amended complaint or timely retain counsel. The amended complaint did not substantially change the original complaint, the defendant asserted a meritorious defense, and the plaintiff showed no prejudice from the delay. After the case proceeded to trial, the court directed a verdict on two of three counts and awarded the defendant attorney's fees under section 57.105.
Procedural history
The defendant initially answered the original complaint and asserted affirmative defenses. After its counsel withdrew, the trial court directed the corporation to obtain new counsel, and a default was entered after the corporation failed to answer the amended complaint and failed to retain counsel as ordered. The trial court vacated the default, the case proceeded to a jury verdict for the defendant, and the court awarded the defendant attorney's fees under section 57.105, Florida Statutes. The appellate court affirmed the judgment except for the attorney's-fee award, which it reversed.
Remand instructions
The judgment was affirmed except that the order taxing attorney's fees was reversed.