A-UNITED AUTO RENTALS OF BROWARD COUNTY, INC., APPELLANT,
v.
WILLIAM H. LEE, APPELLEE
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PER CURIAM.
The final judgment under review by this appeal is reversed as to the appellant A— United Auto Rentals of Broward County, Inc. and the cause is remanded to the trial court with directions to order a new trial in this cause as to punitive damages only [the default judgment and the compensatory damage award against the appellant being undisturbed by our ruling herein] upon a holding that it was reversible error for the trial court to have conducted a trial on punitive damages in this cause without properly notifying the appellant thereof, as such damages were unliquidated in nature. B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So. 2d 318, 320 (Fla. 5th DCA 1980); Fla.R.Civ.P. 1.440(c). In all other respects the judgment under review is affirmed.
Affirmed in part; reversed and remanded in part.
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Duncan O. Bowman v. Kingsland Dev., Inc., 432 So. 2d 660 (Fla. 5th DCA 1983)…rocedure 1.440(c), unliquidated damages cases which required notice include: Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980) (a suit for damages for wrongful conversion of personal property); A-United Auto Rentals of Broward County, Inc. v. Lee, 388 So. 2d 1091 (Fla. 3d DCA 1980) (a punitive damages award, but not the compensatory award in the same case); Scott v. Johnson, 386 So. 2d 67 (Fla. 3d DCA 1980) (a tort case involving assessment of damages by a jury against a defendant and his insurance carrier);…
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Fla. Suncoast Trade Exch., Inc. v. Wagner, 434 So. 2d 49 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. Jayre Inc. v. Wachovia Bank and Trust Co., N.A., 420 So. 2d 937 (Fla. 3d DCA 1982); A-United Auto Rentals of Broward County, Inc. v. Lee, 388 So. 2d 1091 (Fla. 3d DCA 1980).…
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Weinstock v. Harvey (M.D. Fla. 2020)…ther, a judgment rendered without a trial on unliquidated damages is void as to any unliquidated damages but valid as to any liquidated damages.” Id. Punitive damages are unliquidated in nature. A-United Auto Rentals of Broward County, Inc. v. Lee, 388 So. 2d 1091, 1092 (Fla. 3d DCA 1980). As such, without a trial entry of a default judgement awarding punitive damages would be void. Therefore, the undersigned finds it appropriate to recommend only an award of compensatory damages to Weinstock at this stage…
Authorities Cited
- B/G Amusements, Inc. v. Mystery FUN House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980)