Southeast Land Developers v. All Florida Site and Utilities
35 Fla. L. Weekly D379c (Fla. 1st DCA 2010) (February)
A subcontractor brought a breach of contract suit against a contractor for failure of contractor to pay for work performed, and the trial court entered a default judgment for the subcontractor. The contractor moved to set aside this judgment on the basis that the subcontractor failed to state a claim, but the trial court denied that motion. The district court reversed holding that where the contract contained several conditions precedent to the subcontractor receiving payment and the subcontractor had not alleged anything regarding any condition precedent, the complaint failed to state a claim, the default judgment was void (not based on any procedural errors or irregularities, but on a fatally defective complaint), and the trial court abused its discretion in not setting it aside.