Pelle v. Diners Club
| Decision Date | 08 January 1974 |
| Docket Number | No. 73--462,73--462 |
| Citation | 287 So.2d 737 |
| Parties | Michael A. PELLEE, Appellant, v. DINERS CLUB, Appellee. |
| Court | Florida District Court of Appeals |
Ginsberg & Goldman, North Miami Beach, for appellant.
Ader, Gissen & Nathan, Miami, for appellee.
Before HENDRY and HAVERFIELD, JJ., and MARTIN, HENRY F., Jr., Associate Judge.
Defendant-appellant seeks review of an adverse final judgment and order denying his motion for new trial.
Defendant, Michael A. Pelle, in his capacity as president of Prudential Leasing Corporation, submitted a written application on behalf of the company to plaintiff, Diners Club, to obtain a credit card. Diners Club approved the application and issued a credit card to Prudential Leasing Corporation. Subsequently, plaintiff issued to Prudential Leasing two additional cards 1 to be used by Stephen Cardiff and Joseph Lubin for company business. Numerous charges, which Prudential refused to pay, were made on these cards. Plaintiff filed suit against defendant and others for the unpaid balance in the principal amount of $22,317.73 plus costs and attorney's fees.
At the trial, after presenting testimony that the original had been lost, plaintiff submitted into evidence a copy of defendant's application on the face of which appeared the following: 'card holder assumes joint and several responsibility with company applicant'. Defendant claimed that the card has been lost or stolen, although he had never reported that fact to Diners Club. At the close of plaintiff's case, defendant moved for a directed verdict which was denied. Plaintiff then rested it case. Some discussion followed and thereafter the trial court stated that it understood the positions of the parties and requested letter memoranda of law from both parties. On February 22, 1973 the court entered judgment for $22,317.73, plus costs and attorney's fees, in favor of plaintiff. Defendant-appellant filed a motion for new trial and alleged as one of the grounds therefor that he had been deprived of his right to introduce evidence in defense of the complaint brought on behalf of plaintiff-appellee. The motion was denied and this appeal ensued.
Appellant first contends that the trial court erred in entering final judgment for appellee and denying his motion for new trial where appellant was given no opportunity to present his case-in-chief, resulting in a denial of due process. We find merit in this contention.
It is fundamental that the...
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