Q: Owner/tenant contract w/GenCon. All invoices paid, owner sued for unpaid inv. from subCont., default win due to error?
The owner disputed and file a motion to dismiss as all invoices presented by the General Contractor was paid. The owner submitted copies of the contract and all payments made. Due to a missing defendant's name in the power of attorney letter (for property manager), the case was never heard and a default judgement was entered in the plaintiff's favor. Can the owner file another motion and if so, what else should be included? Thanks,
A: If it was a final judgment the court does not have jurisdiction to hear any other motions except for post-judgment motions under Florida Rules of Civil Procedure 1.530 and 1.540 (15 day deadline to file) or a motion for attorneys' fees and costs (30 day deadline to file) if applicable.
Pamela Marie Mori Holcombe agrees with this answer
A:
When a default judgment has been entered, in this case presumably by the judge and not simply a clerk's default, it is long past time for the property owner to obtain actual legal advice from an experienced construction litigator as to the specific facts of this matter. There may be grounds to attack a default, however, there are very rigid and complex requirements for any such motion and strict time limits as noted by Attorney Stage.
If the questioner in this matter is the property manager, the questioner cannot represent the owner in litigation (no such thing as a power of attorney in lawsuits, only actual attorneys) nor should it be obtaining and providing legal advice for another as this is engaging in the unlicensed practice of law and and is inviting itself to be sued by the property owner. Property manager might also wish to consult with its own experienced business litigation counsel about the best way to extricate itself from this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
