Why You Should Hire a Lawyer as Soon as You’re Sued: Lessons from Ogden v. DiFelice

When you’re served with a lawsuit (or a petition for divorced or to establish paternity), your first instinct might be to ignore it, delay responding, or try to handle it on your own. But a recent decision from Florida’s Fifth District Court of Appeal—Ogden v. DiFelice, Case No. 5D2024-2303—demonstrates why hiring a qualified attorney immediately is not just a good idea—it may be the key to protecting your rights and avoiding irreversible consequences.

Case Summary: Ogden v. DiFelice

In this case, homeowners Alfred and Sharon DiFelice hired Charles Ogden, doing business as East Coast Countertops & All Wood Cabinets, to renovate their kitchen. When the work was allegedly done poorly—using the wrong countertop material and performing substandard installation—they filed suit in small claims court.

Initially, Ogden challenged the case by arguing that the plaintiffs sued the wrong party. The court allowed the DiFelices to amend their complaint, after which Ogden admitted several critical facts, including that he entered into the contract, received payment, and completed the installation. The case proceeded to trial, and the court entered judgment against Ogden for nearly $13,000.

It wasn’t until months later—after judgment was entered and a new attorney was brought in—that Ogden tried to undo the damage. He filed a motion under Florida Rule of Civil Procedure 1.540(b), arguing that the judgment was void because he was not the proper party. But by then, it was too late. The trial court rejected the argument, and the Fifth DCA affirmed, noting that Ogden had fully participated in the case and never properly raised his objections before trial.

Key Legal Lessons

1. Admitting Allegations Can Lock You In

Ogden’s answer to the amended complaint admitted core facts about the contract and work performed. These admissions were used against him at trial. Once made, such admissions are difficult—if not impossible—to walk back.

2. Objections Must Be Raised Promptly

Even if Ogden had a valid defense about not being the proper party, he failed to assert that defense in a timely manner. The court emphasized that participation in a trial without timely objections waives the ability to later challenge jurisdiction or party identity.

3. Post-Judgment Relief Is Narrow

Florida Rule 1.540(b) offers limited opportunities to set aside a final judgment. Courts are highly reluctant to reopen cases unless there is clear evidence of fraud, mistake, or lack of jurisdiction. Tactical errors or strategic missteps usually won’t suffice.

Why You Need an Attorney Early in the Case

This case illustrates how decisions made in the opening weeks of a lawsuit can shape—or sink—your defense. An experienced attorney knows how to:

• Analyze and challenge improper parties or service of process;
• Identify legal defenses that can be raised in a motion to dismiss;
• Avoid harmful admissions in pleadings or discovery;
• Preserve appellate rights and prevent waivers of key arguments;
• Steer your case toward a favorable resolution before trial.

If Ogden had retained competent legal counsel from the outset, the outcome might have been very different.

Don’t Wait to Get Help — Call The Bonderud Law Firm

If you’ve been sued in Florida—whether in small claims, circuit court, or federal court—don’t delay. The clock starts ticking the moment you’re served, and early legal missteps can permanently affect your rights.

At The Bonderud Law Firm, we represent individuals and businesses across Florida in civil, family, and criminal litigation. We’ll evaluate your case, protect your rights, and help you make the right moves from day one.

Contact us today at www.BonderudLaw.com or call (904) 438-8082 to schedule a consultation.