Mullne v. Sea-Tech Construction Inc., 37 Fla. L. Weekly D925 (Fla. 4th DCA April 18, 2012). Holding: Default judgment against property owner set aside for lack of jurisdiction where only wife signed contract.
Facts: Sea-Tech filed suit against husband and wife which included a breach of contract claim against the wife who signed a contract to erect a seawall on property owned by the husband and wife. The complaint also included a lien foreclosure claim against both husband and wife on their property. Both defendants failed to respond and Sea-Tech obtained a default judgment which awarded them the contract balance plus interest, costs, and fees against both defendants. The default judgment did not address the lien foreclosure count. The husband filed a motion to vacate alleging the default judgment was void because the complaint failed to state a cause of action against him for breach of contract. The motion to vacate was denied.
The Fourth District noted that the husband was not required to establish elements of excusable neglect or due diligence if the default judgment was void. The court noted that Section 713.12, Florida Statutes, allows a lien against property jointly owned by a husband and wife. However, the statute does not permit personal liability on a non-contracting spouse. The Court found the husband could not be personally liable in this case and ruled the final judgment was void because the trial court was without jurisdiction to award relief that was not requested in the complaint.
