PEGGY JOYCE HERMAN, APPELLANT,

v.

WILLIAM JOSEPH HERMAN, APPELLEE

Citator

Cited By (13 total)

• Fla. Aviation Acad. v. Charter AIR Ctr., Inc., 449 So. 2d 350 (Fla. 1st DCA 1984)
  …ef. The trial court may properly grant a motion to vacate a default judgment if the movant establishes both a legal excuse for failure to comply with the Florida Rules of Civil Procedure and a meritorious defense. See L.B.T. Corporation v. Camacho, 429 So. 2d 88 (Fla. 5th DCA 1983); Abray Construction Company, Inc. v. Star Swimming Pools, Inc., 426 So. 2d 1046 (Fla. 2d DCA 1983). Some cases have [*353] imposed the additional requirement that the movant demonstrate due diligence in seeking relief from the de…
• Buffington v. Torcise, 504 So. 2d 490 (Fla. 3d DCA 1987)
  …ment to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of [those] damages.” Bowman, 432 So. 2d at 663; Fla.R.Civ.P. 1.440(c); see also L.B.T. Corp. v. Camacho, 429 So. 2d 88 (Fla. 5th DCA 1983); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980). Consequently, the trial court erred in entering a final default judgment without first holding a hearing and allowing Buffington to present evi…
• Ciprian-Escapa v. City OF Orlando, 172 So. 3d 485 (Fla. 5th DCA 2015)
  …2d at 781; Farm Family Mut. Ins. Co. v. Thorn Lumber Co., 202 W.Va. 69, 501 S.E. 2d 786, 791-92 (1998) (finding an affidavit of proof simply stating a sum certain or a legal conclusion does not establish liquidated damages); L.B.T. Corp. v. Camacho, 429 So. 2d 88, 90-91 (Fla. 5th DCA 1984) (citing Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980) (holding that damages itemized in an affidavit of proof were unliquidated)). The damages for attorney’s fees and costs are also unliquidated. See Dunkley Stucco,…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
• Marsh v. Laurel J. Ising Marsh, 419 So. 2d 629 (Fla. 1982)
• McCLUNG v. McCLUNG, 427 So. 2d 350 (Fla. 5th DCA 1983)