Appellee Kennedy Contractors, Inc. (“Kennedy”) filed a breach of contract action against Appellant Tormax USA, LLC (“Tormax”) in the county court. A clerks default was subsequently entered against Tormax for failure to serve or file any document in the action. Tormax moved to set aside the default based on excusable neglect. The county court denied the motion, as well as Tormaxs motion for reconsideration.
Kennedy moved for summary judgment, which the county court granted. The court entered final summary judgment in favor of Kennedy for the $16,782.20 Kennedy claimed in damages, plus attorneys fees, costs, and prejudgment interest.
As there was no abuse of discretion, we affirm the trial courts decision not to set aside the default. However, we reverse and remand for a trial on damages because there are issues of fact regarding damages awardable under the contract.
Affirmed in part, reversed and remanded in part.
Per Curiam.
Gross, Forst and Artau, JJ., concur.