Venue Considerations when Challenging Venue

In a recent construction dispute, Schultz Builders & Pools, Inc. v. Icon Welding & Fabrication, LLC, 48 Fla.L.Weekly D1381b (Fla. 2d DCA 2023), a general contractor hired a subcontractor. The subcontract contained NO venue provision or specified where payments were to be due. This was important because the general contractor and subcontractor were located in different counties and the general contractor was located in the county where the project at-issue was located. A payment dispute arose, and the subcontractor sued the general contractor in the county where it was located. The general contractor moved to transfer venue to the county...

25 May

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Quick Note: Obtaining a Default Final Judgment

Posted by David Adelstein

in Trial Perspectives

When a defendant does not timely respond to the lawsuit, a plaintiff will move for a default against the defendant. Sometimes a plaintiff will ask the clerk to issue a default and other times the plaintiff will ask the court to issue a default. A default serves as an admission of liability by the defendant with the issue then being whether the plaintiff’s damages are liquidated or unliquidated as it pertains to obtaining a default final judgment: Damages are liquidated when the amount to be awarded can be determined with exactness from a pleaded agreement between the parties, by an arithmetical calculation,...