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SOUTHEAST LAND DEVELOPERS v. ALL FLA. SITE

No. 1D09-2170.

28 So.3d 166 (2010)

SOUTHEAST LAND DEVELOPERS, INC., a Florida corporation, John Reaves, III, an individual, and Richard J. Aboud, as Trustee of "John J. Reaves, Jr., Living Trust," Appellants, v. ALL FLORIDA SITE AND UTILITIES, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, First District.

February 12, 2010.

Attorney(s) appearing for the Case

John S. Mills of Mills Creed & Gowdy, P.A., Jacksonville, for Appellants.

Michael Bowlus of Michael Bowlus, P.A., Jacksonville, for Appellee.

THOMAS, J.

Appellants seek review of the trial court's order denying their motion to set aside a default judgment filed pursuant to Florida Rule of Civil Procedure 1.540. Appellants argue that the judgment is void because it is based upon a complaint that failed to state a claim. We agree that the judgment is void, and reverse.

Appellee All Florida Site & Utilities, Inc. ("Subcontractor") filed a complaint against Appellant Southeast Land Developers, Inc...

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