Sunday, November 29, 2009

Default Only Constitutes Admission Of Well-Pleaded Factual Allegations

In Lincks v. Keenan (4D08-2807), the Fourth District affirmed the trial court's dismissal of a fifth amended complaint over a defednant that had previously defaulted:
Because the entry of a default constitutes an admission of only the well-pleaded factual allegations of the complaint, see Days Inns Acquisition Corp. v. Hutchinson, 707 So. 2d 747 (Fla. 4th DCA 1997), a complaint which fails to state a cause of action cannot form the basis of a judgment against the defendant. See GAC Corp. v. Beach, 308 So. 2d 550 (Fla. 2d DCA 1975).


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