Categories: Florida Court Opinions

GULF STREAM BOAT v. SOUTH DADE BOAT, 583 So.2d 807 (Fla.App. 3 Dist. 1991)

GULF STREAM BOAT BUILDERS, INC., ETC., ET AL., APPELLANTS, v. SOUTH DADE BOAT, INC., A FLORIDA CORPORATION, APPELLEE.

No. 90-1852.District Court of Appeal of Florida, Third District.
August 13, 1991.

Appeal from the Circuit Court, Dade County, Amy Steele Donner, J.

Page 808

Thomas J. McLaughlin, Miami, for appellants.

Cohen, Chase, Heckerling Trautman, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

PER CURIAM.

We reverse the trial court’s denial of a motion to set aside default. Plaintiff misled defendants into believing it was unnecessary to file any responsive pleadings because of ongoing settlement negotiations. Thus, it was unconscionable for plaintiff to take advantage of defendants’ failure to file an answer by obtaining a default judgment without notice to defendants. American Republic Ins. Co. v. Westchester Gen. Hosp., 414 So.2d 1163 (Fla. 3d DCA 1982); Rubenstein v. Richard Fidlin Corp., 346 So.2d 89 (Fla. 3d DCA 1977).

Reversed and remanded for further proceedings consistent with this opinion.

jdjungle