Contractors Unlimited, Inc. v. Nortrax Equipment Co. Southeast
Florida District Court of Appeal
833 So. 2d 286 (2002)
- Written by Liz Nakamura, JD
Facts
Contractors Unlimited, Inc. (Contractors) (defendant) had an open line-of-credit with Nortrax Equipment Company Southeast (Nortrax) (plaintiff). Contractors exercised its line of credit but failed to pay Nortrax the amounts owed. Nortrax sued (1) Contractors to settle the open line-of-credit account; and (2) Glennon Wade (defendant), alleging that Wade was the personal guarantor for Contractors’ line of credit. To support its cause of action against Contractors, Nortrax submitted Contractors’ application for an open line of credit, account statements and invoices billed to Contractors, and an itemized copy showing Contractors’ unpaid invoices and total account balance. Nortrax did not submit any documentation supporting its claim that Wade personally guaranteed Contactors’ open line of credit. The trial court ultimately entered final default judgments against both Contractors and Wade. Contractors and Wade appealed, arguing that the default judgments should be vacated because Nortrax’s failure to attach adequate copies of the written instruments being sued upon meant that Nortrax failed to state a cause of action against either Contractors or Wade.
Rule of Law
Issue
Holding and Reasoning (Cobb, J.)
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