JOHN WILLIAM CALDER, APPELLANT,
v.
LYNN C. MCNESS, INDIVIDUALLY AND F/U/B/O ALLSTATE INSURANCE COMPANY AND INDUSTRIAL FIRE & CASUALTY COMPANY, APPELLEES
JOHN WILLIAM CALDER, APPELLANT,
LYNN C. MCNESS, INDIVIDUALLY AND F/U/B/O ALLSTATE INSURANCE COMPANY AND INDUSTRIAL FIRE & CASUALTY COMPANY, APPELLEES
427 So. 2d 393
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 8 cases
Opinion of the Court
LETTS, Chief Judge.
A default was properly entered against a defendant in a civil suit involving unliquidated damages. However, the final judgment which followed fixed the damages without any trial or notice to the defendant of any kind. We reverse.
A party against whom a default has been entered, is entitled to notice in an action involving unliquidated damages before a final judgment awarding damages can be entered. B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980) and Florida Rule of Civil Procedure 1.440(c).
REVERSED AND REMANDED.
HERSEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ellis E. Neder, Jr. v. Greyhound Fin. Corp., 592 So. 2d 1218 (Fla. 1st DCA 1992)…that the default judgment should stand, appellant must be given the opportunity to defend on the issue of damages. Fla.R.Civ.P. 1.440(c); See Sunstream, 423 So. 2d at 1007; Greenwood v. Nicklaus, 527 So. 2d 964 (Fla. 5th DCA 1988); Calder v. McNess, 427 So. 2d 393 (Fla. 4th DCA 1983). Accordingly, we reverse and remand for further proceedings consistent with this opinion. ERVIN and WEBSTER, JJ., concur. . Appellant's multiple violations of a pretrial order culminated in his failure to appear at trial.…
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Riad Boulos v. Yung Sheng Xiamen Yong Chem. Indus. Co., Ltd., 855 So. 2d 665 (Fla. 4th DCA 2003)…sentation and evaluation of evidence necessary to a judicial determination of the amount of those damages. Id. at 1196 (internal quotations omit-ted)(quoting Buffington v. Torcise, 504 So. 2d 490, 491 (Fla. 3d DCA 1987)); see also Calder v. McNess, 427 So. 2d 393 (Fla. 4th DCA 1983). In this case, at least a portion of the damages sought by and awarded to Yusin were unliquidated. Liquidated damages are those damages that are determinable with exactness from the cause of action as pleaded, by an arithmetical…
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Gold v. M & G Servs., Inc., 491 So. 2d 1297 (Fla. 3d DCA 1986)…unliquidated damages, Holiday Gulf Builders; Bowman, which may not be resolved by the court without allowing the party against whom the fees are to be assessed an opportunity to be heard as to the amount of the fees to be awarded, Colder v. McNess, 427 So. 2d 393 (Fla. 4th DCA 1983); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980); Fla.R.Civ.P. 1.440(c). We find no merit in the remaining issues raised. We therefore reverse those portions of the judgment granting relief pu…
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- B/G Amusements, Inc. v. Mystery FUN House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980)