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RHODES v. O. TURNER & CO., LLC

No. 4D12-3836.

117 So.3d 872 (2013)

Lois RHODES, Appellant, v. O. TURNER & COMPANY, LLC, Othel Turner and Byron Rainer, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 9, 2013.

Attorney(s) appearing for the Case

Allan A. Joseph and Michael B. Kornhauser of Fuerst Ittleman David and Joseph, P.L., Miami, for appellant.

David J. Lazarovic of Law Office of David Lazarovic, P.A., Miami, for appellee Othel Turner.

CONNER, J.

A default final judgment can be vacated more than one year after it is entered only in limited circumstances, such as when the judgment is void. Lois Rhodes obtained a default final judgment against the Appellees; however the trial court subsequently vacated it on grounds the judgment was void because the complaint failed to state a cause of action on all claims. We reverse, holding Rhodes's civil theft claim stated a cause of action.

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