Caldwell sued Colby over an alleged overpayment of nearly $22,000 in a construction project. Colby's president filed a response to the lawsuit and Caldwell filed a motion asking the trial judge to enter a default judgment in its favor, which the judge granted and the 5th District Court upheld. Colby argues the default judgment was granted because the original response was filed by the company president and not a lawyer. It argues that precedent, including a case from the Florida Supreme Court, favors getting to the merits of a dispute over resolution of a lawsuit through a default judgment. Caldwell argues that the reason the trial judge granted Caldwell a default judgment was because Colby used bad faith defenses and dragged its feet in mounting a defense to the extent that it did.