Rule 1.976.Relief in other cases
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.976
Plain-English Summary
Rule 1.976 sets the ceiling on relief in a default judgment. The judgment may award any relief consistent with the petition and embraced within its issues, but unless the defaulting party has appeared, it cannot exceed what the petition demanded.
That cap protects a party who never showed up: without appearing, that party can rely on the petition's demand as the outer limit of exposure. Once a defaulting party has appeared, the cap loosens, since appearance signals that the party had notice of the proceedings and made a choice not to defend on the merits. Rule 1.403 governs what a petition may demand, including relief in the alternative or of several types, and that demand sets the boundary this rule enforces.
Frequently Asked Questions
Can a default judgment award more than what the petition asked for?
Only if the defaulting party appeared in the action; otherwise, the judgment cannot exceed the relief demanded in the petition.
What relief can a default judgment award?
Any relief consistent with the petition and embraced within its issues, subject to the demand cap that applies when the defaulting party never appeared.
Why does it matter whether the defaulting party appeared?
Appearance signals the party had notice of the proceedings and chose not to defend, so the protection of capping relief at the petition's demand no longer applies in the same way.
Does this rule apply to every kind of default judgment?
It sets the scope of relief available on default judgments generally, working alongside the specific entry and judgment procedures in Rules 1.971 through 1.977.
What if the petition demands alternative types of relief?
Rule 1.403 allows a petition to demand relief in the alternative or of several types, and a default judgment can only be measured against what was demanded.