Lincks v. Keenan, 34 Fla. L. Wkly D2346 (Fla. 4th DCA Nov. 25, 2009)

By Brian Willis on December 14, 2009 6:47 PM | Permalink | Comments (0) | TrackBacks (0)

Entry of default constitutes an admission of only the well-pleaded factual allegations in the complaint and a complaint that does not state a cause of action cannot form the basis of a final judgment. As such, the Fourth DCA upheld trial court's decision granting a defendant's Motion to Dismiss for failure to state a cause of action where the defendant already had default entered against it in the case. Citing Days Inns Acquisition Corp. v. Hutchinson, 707 So.2d 747 (Fla. 4th DCA 1997) and GAC Corp. v. Beach, 308 So.2d 550 (Fla. 2d DCA 1975).

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Lincks v. Keenan, 34 Fla. L. Wkly D2346 (Fla. 4th DCA Nov. 25, 2009)

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