Timothy Law

The plaintiff brought an ex parte motion for default judgment in an action for goods sold and delivered.

The plaintiff sued the defendant as an individual doing business as a sole proprietorship.

The court dismissed the motion, finding that the statement of claim was not properly served.

Because the defendant was identified as an individual, personal service was required under Rule 16.02(1)(a), but the affidavit of service indicated the document was left with an unidentified person at a place of business.

The plaintiff brought a motion for summary judgment for the unpaid purchase price of a shipment of shrimp.

The Court of Appeal had previously directed a rehearing applying the Contracts for the International Sale of Goods (CISG).

The defendant argued it was entitled to avoid the contract due to a defective Health Certificate and that the plaintiff's acceptance of the returned shrimp mitigated damages or constituted unjust enrichment.

The court found the defendant did not properly declare the contract avoided under the CISG and that there was no agreement excusing payment of the purchase price upon the return of the goods.

Summary judgment was granted to the plaintiff for the full purchase price plus 8% interest.