CASE NO. 50 2008 CA 016857XXXX MB2
Motion To Vacate Clerk’s DefaultI.
Entry of Clerk’s Default Results in Admission of Only Well-Pled Allegations
Plaintiff filed a motion for default to be entered by the Clerk against Defendants,JUDITH KOREN and Gill Koren, on September 8, 2008. The Clerk subsequently entered adefault against Defendants on October 6, 2008. A default “admits every cause of action that issufficiently well-pled to properly invoke the jurisdiction of the court,”
Szucs v. Qualico Development, Inc.
, 893 So.2d 708 (Fla. 2nd DCA 2005),
Bowman v. Kingsland Development, Inc.
, 432 So.2d 660, 662-63 (Fla. 5th DCA 1983). Here as addressed below,Plaintiff’s allegations and attachments fail to properly invoke the jurisdiction of the Court.Specifically, Plaintiff has failed to state a cause of action and fails to sufficiently allege they arethe real party in interest.In
Becerra v. Equity Imports, Inc.
, 551 So.2d 486, 488 (Fla. 3rd DCA 1989), the courtstated:The power of the court to grant relief from a judgment entered on default has beenaccurately summed up as follows:A default admits liability as claimed in the pleading by the partyseeking affirmative relief against the party in default. It operates asan admission of the truth of the well pleaded allegations of thepleading, except those concerning damages. It does not admit factsnot pleaded, not properly pleaded or conclusions of law. Fairinferences will be made from the pleadings, but forced inferenceswill not. The party seeking affirmative relief may not be grantedrelief that is not supported by the pleadings or by substantive lawapplicable to the pleadings. A party in default may rely on theselimitations.H. Trawick,
Trawick's Florida Practice and Procedure
§ 25-4 at 348 (1988 ed.)(footnotes omitted).
See also North Am. Accident Ins. Co. v. Moreland,
60 Fla.153, 53 So. 635 (1910) (conclusions of law, facts not well pleaded, and forcedinferences are not admitted by a default judgment);