DAYS INNS ACQUISITION CORP. v. HUTCHINSON

No. 97-0481.

707 So.2d 747 (1997)

DAYS INNS ACQUISITION CORPORATION, Appellant, v. David H. HUTCHINSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing, Clarification and Certification Denied February 6, 1998.


Attorney(s) appearing for the Case

Ronald S. Holliday and Lonnie L. Simpson of Rudnick & Wolfe, Tampa, and Frederick L. Whitmer of Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for appellant.

F. Kendall Slinkman of F. Kendall Slinkman, P.A., West Palm Beach, for appellee.


PARIENTE, BARBARA J., Associate Judge.

Appellant, Days Inns Acquisition Corporation ("Days Inns"), appeals a final declaratory default judgment entered against it in favor of appellee, David Hutchinson (plaintiff). We reverse because plaintiff's request for declaratory relief against Days Inns was predicated solely upon his claim of wrongdoing on the part of the non-defaulting co-defendant, whose liability has not yet been determined. Accordingly, it was premature...

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