## Facts

- Nortrax Equipment Company Southeast extended Contractors Unlimited, Inc. an open line of credit for equipment-related purchases.
- Contractors used the credit line but did not pay amounts allegedly due on invoices.
- Nortrax sued on two theories: (1) open account against Contractors; and (2) personal guaranty against Glennon Wade.
- Nortrax attached to the pleading a credit application in Contractors’ name signed by Wade, plus an account statement and invoice showing itemized charges and an outstanding balance.
- The credit application attachment was substantially illegible, and no legible written guaranty instrument was attached to support the guaranty claim against Wade.
- The clerk entered defaults and the court entered final default judgments against both Contractors and Wade.
- Defendants moved to set aside the defaults and to vacate the judgments on multiple grounds; the trial court denied relief.

## Issues

1. Whether the pleadings and attached account documents were sufficient to state an open-account cause of action supporting the default judgment against Contractors.
2. Whether a default judgment on a personal guaranty claim may stand when the complaint fails to attach a legible copy of the written instrument on which the guaranty claim is based.

## Decision

- Affirmed the default and default final judgment against Contractors on the open account claim.
- Reversed the default and default final judgment against Wade on the personal guaranty claim.
- Held the complaint, as to Wade, failed to state a cause of action because it did not include an adequate, legible attachment of the guaranty instrument required for an action on a written instrument.
- Declined to grant relief on defendants’ other asserted errors, finding only the pleading/attachment defect as to Wade meritorious.

## Legal Principles

- A default does not cure a complaint’s failure to state a cause of action; relief cannot be awarded beyond what the pleadings support.
- A default admits only well-pleaded facts, not legal conclusions or facts not properly pleaded.
- When a claim is based on a written instrument (including an alleged guaranty), the instrument (or an adequate copy) must be attached to the complaint; an illegible or inadequate attachment can render the claim insufficient.
- Account statements and invoices identifying transactions and amounts due may be sufficient to plead an open account claim.

## Conclusion

The court left intact the default judgment against the corporate debtor because the account documents supported an open account claim, but set aside the default judgment against the alleged guarantor because the guaranty claim was not properly pleaded without a legible attached written instrument.


Contractors Unlimited, Inc. v. Nortrax Equip. Co. Se., 833 So. 2d 286 (Fla. 5th DCA 2002)