LAGOA, J.
Mauna Loa Investments, LLC ("Mauna"), appeals from a final judgment entered in favor of Anamaria Santiago ("Santiago") after a default was entered against it and a jury trial conducted on damages. Because the complaint fails to state a claim upon which relief may be granted against Mauna, we reverse.
Santiago leased space for her business in a commercial warehouse property located at 9325 Okeechobee Road, Hialeah Gardens (the "property"). In February 2010, Santiago filed suit against Mauna, alleging that she was injured on July 2, 2008, when she tripped and fell on the property "due to the walkway surface being in an unsafe condition; specifically that the concrete walkway was allowed to be in a condition of disrepair wherein holes and uneven areas where [sic] created and caused the Plaintiff to lose her footing and fall." Santiago alleged that Mauna owned, maintained and/or controlled the property on the date of her injury. The complaint was served on Mauna's registered agent, Mawanphy Gil ("Gil"). Although Gil gave the complaint to Mauna's attorney, Mauna's attorney never filed an answer or response. Santiago filed a motion for entry of default on May 5, 2010, and the trial court entered a default against Mauna on May 13, 2010.
Mauna subsequently filed no fewer than five motions seeking to have the default set aside; we address only one — Mauna's Amended Motion to Set Aside Default filed on November 11, 2011 (the "Amended Motion"). In the Amended Motion, Mauna argued that the default should be set aside because on the date of Santiago's injury Mauna did not own the property. Mauna asserted that on the date of the injury the property was actually owned by Iberia, NV, LLC ("Iberia"). In support of its argument, Mauna argued that in June of 2011, Santiago filed a lawsuit against Iberia (the "Iberia Complaint") seeking damages for the same injury. Indeed, on September 20, 2011, the trial court consolidated the Iberia Case with the instant case. In the Iberia Complaint, Santiago alleged that:
Mauna attached the Iberia Complaint to the Amended Motion. The Iberia Complaint, in turn, attached a special warranty deed showing the transfer of the property by Iberia to Mauna on October 6, 2008, three months after the date of Santiago's injury. After a hearing, the trial court entered an order denying the Amended Motion.
The matter proceeded to a jury trial on Santiago's damages. The trial court subsequently entered final judgment against Mauna in the amount of $1,077,390.48. Mauna filed several timely post-trial motions, including a motion to vacate the judgment as void because Mauna did not own the property on the date of Santiago's injury and therefore it was a judgment against the incorrect party. The motion was denied. This appeal ensued.
"[T]he law is well-settled that a default judgment may not be entered against a defendant on a complaint which wholly fails to state a cause of action against the said defendant."
At the time Mauna filed the Amended Motion, the trial court had before it the special warranty deed, which was attached to the consolidated Iberia Complaint. The special warranty deed established that, because Mauna did not own the property on the date of Santiago's injury, no relief could be granted against Mauna. As the record before the trial court established that the complaint failed to state a claim for relief against Mauna, the trial court had no discretion but to grant the Amended Motion and set aside the default as void.
For the reasons stated, we reverse the order denying Mauna's motion to vacate the judgment as void, and remand with directions to vacate the default and the final judgment and to dismiss the complaint for failure to state a claim upon which relief may be granted.
Reversed and remanded with directions.
Not final until disposition of timely filed motion for rehearing.