Cardiosonx Laboratories, Inc. v. Aguadilla Medical Services, Inc., 100 So. 3d 285

Aguadilla purchased a CT scanner from Cardiosonx, which failed to deliver the equipment after payment.
Cardiosonx issued two checks in Nov 2010 totaling $82,000, both dishonored.
Aguadilla filed suit on Apr 21, 2011 for breach, fraud, and two worthless checks; service occurred Apr 27, 2011.
Clerk entered default against Cardiosonx on May 26, 2011 after Cardiosonx failed to respond.
Cardiosonx learned of the default in June 2011 and moved to set aside; Aguadilla opposed the motion and separately sought final judgment.
At the September 21, 2011 hearing the court did not hear Cardiosonx’s pending motion and entered final judgment for Aguadilla; Cardiosonx subsequently moved to set aside the final judgment, which the trial court denied; on appeal, the judgment was reversed and remanded to resolve Cardiosonx’s pending motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by not ruling on the pending Motion to Set Aside Clerk’s Default before final judgment	Aguadilla argues pending motion should be resolved prior to final judgment	Cardiosonx contends the court should decide the pending motion before (or alongside) final judgment	Yes; reversal and remand to decide the pending motion

Vacation Escape, Inc. v. Mich. Nat’l Bank, 735 So.2d 528 (Fla. 4th DCA 1999) (motion to set aside default pending; final judgment improper without merits of motion)
Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Constr. Co., 166 So.2d 889 (Fla.1964) (classical rule: undisposed motion may preclude default judgment)
Goodman v. Joffe, 57 So.3d 1001 (Fla. 4th DCA 2011) (reversing default final judgment where motion to vacate was pending)
Lakeview Auto Sales v. Lott, 753 So.2d 723 (Fla. 2d DCA 2000) (pending motions to set aside default prevent entry of default judgment)
Sister Donut, Inc. v. Cameron-Brown Co., 495 So.2d 772 (Fla. 4th DCA 1986) (pending motion to abate prevented default foreclosure judgment)