BRADFORD MOTOR CARS, INC., ET AL., APPELLANTS,
v.
VALERIE FREM, APPELLEE

Fla. 4th DCA | 1987-09-09
No. 4-86-0421
HERSEY, C.J., and LETTS and GUNTHER, JJ., concur.
511 So. 2d 1120 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Bradford Motor Cars appeals a $150,000 default judgment entered after the trial court struck its pleadings for failure to respond to interrogatories. The court holds that striking pleadings does not eliminate responses to requests for admissions, and even if it did, damages for a stolen vehicle cannot be liquidated by deemed admissions since the car's value requires evidentiary proof.


Holding

The court holds that striking pleadings does not strike responses to requests for admissions because such responses are not pleadings. Further, even if the response had been stricken, damages cannot be liquidated by deemed admissions when the value of the property requires evidentiary proof. The trial court erred in entering judgment without permitting the parties to present evidence on damages.


Headnotes

[1] A response to a request for admissions is not a pleading and therefore cannot be stricken as a pleading.

[2] A defaulting party has a due process entitlement to notice and an opportunity to be heard regarding the presentation and evaluation of evidence necessary to a judicial de…

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Key Quotes

“a response to a request for admissions is not a pleading”

Establishes that the court's order striking pleadings did not automatically strike responses to requests for admissions.

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Facts & Procedural History

Appellee owned a sports car that was damaged in a collision, taken to the defendants for repair, and subsequently stolen from their premises. Appellan…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Bradford Motor Cars, Inc., one of the two defendants below, appeals the trial court’s final judgment against it in favor of appellee for $150,000. At issue is whether appellant’s response to appellee’s request for admissions was stricken, and if so whether such striking had the effect of liquidating damages.

Appellee owned a sports car which was allegedly damaged in a collision, taken to the defendants for repair, and subsequently stolen from the defendants’ premises. Appellee filed a complaint, both defendants answered, and the court entered an order setting the case for jury trial.

Thereafter, appellee served appellant with a request for admissions which included, inter alia, a request that appellant admit that the sports car had a fair market value in excess of $150,000. On appellant’s behalf, its attorney prepared and signed a response to the request for admissions, denying appellee’s valuation of the vehicle.

Appellee also served appellant with interrogatories. The interrogatories were not answered, so appellee again served them. Appellant still made no response, so appel-lee made a motion to compel discovery, which was granted. Appellant (whose corporate officers apparently could not be located by its attorney) failed to answer the interrogatories as ordered by the court, so appellee made a motion to impose sanctions. The court granted the motion and stated that “defendant’s pleadings will be stricken and the matter will be determined as to liability & damages by default judgment.” Default was entered and the court thereafter rendered the final judgment here appealed.

Appellee now argues that when the court granted her motion for sanctions, it effectively struck appellant’s response to her request for admissions in which appellant had denied that the automobile had a fair market value in excess of $150,000. Since the response to the request for admissions was a nullity, argues appellee, the items requested by appellant to be admitted were deemed admitted and established as fact; and the admission that the car was worth in excess of $150,000, effectively liquidated the damages.

We conclude that the court’s order striking appellant’s pleadings did not also strike appellant’s response to appel-lee’s request for admissions, as a response to a request for admissions is not a pleading. See Coca-Cola Bottling Company v. Clark, 299 So. 2d 78 (Fla. 1st DCA), cert. dismissed, 301 So. 2d 100 (Fla.1974). Moreover, we conclude that the response to the request for admissions was not shown to be invalid, so it would have been improper to strike it.

Further, even if the response to the request for admissions had been stricken, that would not mean that damages were therefore liquidated. A plaintiff cannot liquidate damages merely by serving a request for admissions which is not answered.

In Bowman v. Kingsland Development, Inc., 432 So. 2d 660, 662 (Fla. 5th DCA 1983), the court stated:

Damages are liquidated when the proper amount to be awarded can be determined with exactness from the cause of action as pleaded, i.e., from a pleaded agreement between the parties, by an arithmetical calculation or by application of definite rules of law.... [Djamages are not liquidated if the ascertainment of their exact sum requires the taking of testimony to ascertain facts upon which to base a value judgment_ A defaulting party has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages.

Here, as appellant notes, the value of the wrecked sports car at the time it was stolen was not certain.

We conclude that the trial court erred in entering judgment without permitting the parties to present evidence on damages. Accordingly, we reverse and remand for a jury trial on the issue of damages.

REVERSED AND REMANDED.

HERSEY, C.J., and LETTS and GUNTHER, JJ., concur.


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Cited By

  • Anheuser-Busch, Inc. v. Philpot, 317 F.3d 1264 (11th Cir. 2003)
    …d 1305, 1306 (11th Cir.2001). Regarding the amount of damages, Florida law makes clear as well that an amount of uncertain damages cannot be established conclusively based on an unanswered Request for Admission. See Bradford Motor Cars Inc. v. Frem, 511 So. 2d 1120, 1121 (Fla.Dist.Ct. App.1987). Federal law similarly requires a judicial determination of damages absent a factual basis in the record. See Adolph Coors Co. v. Movement Against Racism and the Klan, 777 F. 2d 1538, 1543-44 (11th Cir.1985) (holding th…

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