Improper Grounds for Seeking Default Judgment

The plaintiff in this suit sought an entry of a default judgment against the defendant for having failed to plead or otherwise defend the action. However, the fact of the matter was that the defendant had answered the plaintiff’s complaint in the following manner:

Not only do I deny all of the allegation in the above styled suit, I contend, with all due respect, that the plaintiff must be suffering from a condition of brown eyeballs since he is full of so much bullshit.

The court on review held, “While the form and language of the appellant’s response are less than desirable and more frank than customary, the appellant did state in short and plain terms his general denial of appellees’ claims.”

Wheat v. Eakin, 491 So. 2d 523 (1986).

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