TORMAX USA LLC v. KENNEDY CONTRACTORS INC (2024)

District Court of Appeal of Florida, Fourth District.

TORMAX USA, LLC, Appellant, v. KENNEDY CONTRACTORS, INC., Appellee.

No. 4D2023-1867

Decided: July 24, 2024

Lauren Marcil of Gunster, West Palm Beach, for appellant. Stephen M. Cohen of Law Offices of Stephen M. Cohen, P.A., Palm Beach Gardens, for appellee.

Appellee Kennedy Contractors, Inc. (“Kennedy”) filed a breach of contract action against Appellant Tormax USA, LLC (“Tormax”) in the county court. A clerk's default was subsequently entered against Tormax for failure to serve or file any document in the action. Tormax moved to set aside the default based on excusable neglect. The county court denied the motion, as well as Tormax's motion for reconsideration.

Kennedy moved for summary judgment, which the county court granted. The court entered final summary judgment in favor of Kennedy for the $16,782.20 Kennedy claimed in damages, plus attorney's fees, costs, and prejudgment interest.

As there was no abuse of discretion, we affirm the trial court's decision not to set aside the default. However, we reverse and remand for a trial on damages because there are issues of fact regarding damages awardable under the contract.

Affirmed in part, reversed and remanded in part.

Per Curiam.

Gross, Forst and Artau, JJ., concur.

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