Juan v. Fame International Bay, Inc.

Full title: FELIX JUAN, Appellant, v. FAME INTERNATIONAL BAY, INC., Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 21, 2003

845 So. 2d 338 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-2769.

Opinion filed May 21, 2003.

An appeal of a non-final order from the Circuit Court of Miami-Dade County, Amy N. Dean, Judge. Lower Tribunal Case No. 00-2411.

Mandelbaum Fitzsimmons and Scott Hewitt (Tampa), for appellant.

Leon A. Williamson, Jr. (Tampa), for appellee.

Before COPE, LEVY, and FLETCHER, JJ.

PER CURIAM.

Our review of the record leads us to the conclusion that the trial court erred when it defaulted the defendant. See Rule 1.500(b), Fla.R.Civ.P. As the final judgment was based upon the invalid default, the trial court erred when it denied Felix Juan's motion to set aside default and default final judgment. See Green Solutions Int'l., Inc. v. Gilligan, 807 So.2d 693 (Fla. 5th DCA 2002). Accordingly, the order appealed is reversed and the cause remanded for further proceedings consistent herewith.

Reversed and remanded.