Setting Aside Default Judgments Without Excusable Neglect

set aside default final judgment

Occasionally, a client seeks help after a default has been entered against it, and there may be no reasonable basis to vacate the default within the excusable neglect framework. In some cases not all hope is gone, there maybe another tool in the attorney’s toolbox. If the Complaint that serves as the predicate for the default judgment was not well-pled (does … Read more

Vacate Default Entered Against Corporation Represented by Non-Attorney

florida construction attorney

It is well recognized that a corporation, unlike a natural person, cannot represent itself and cannot appear in a court of law without an attorney. Nicholson Supply Co. v. First Federal Savings & Loan Association of Hardee County, 184 So.2d 438 (Fla. 2d DCA 1966). Courts have reflexively applied this common law rule prohibiting the … Read more

Foreclosure Defense, Flat Monthly Fee Representation

Foreclosure Defense

Andrew Douglas, P.A. can help you keep your house, or keep you in your house longer. Halt the foreclosure process,by defending the foreclosure lawsuit. Low monthly legal fees that fit even the tightest budgets Avoid default judgment and forced sale. Stay in your home with NO payments to the bank while lawsuit is pending. Help with your loan … Read more

Clerk’s Default, Court Default, Final Default Judgment – Vacating Defaults in Florida State and Federal Courts.

Default Basics.  A default occurs in litigation when a party fails either to respond to a lawsuit, and less often can be entered against a party who fails to comply with a court order. In Florida, a party in most cases has 20 days to answer a lawsuit. If that party fails to file any … Read more

Four Bases for Attorney’s Fees Entitlement in Florida

In Florida there are generally 4 bases to obtain attorney’s fees as damages in a lawsuit. The general rule also known as the “American Rule” is that each party bears its attorneys fees in litigation, it is the default rule in Florida. However, here are the exceptions to that rule. 1. Statutory Basis for Attorney … Read more

Florida’s Statute of Frauds- Performance of Non-Written/Oral Contracts

Non-Compete Agreement

One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more