MARK GARAMONE, ETC., ET AL., APPELLANTS,

v.

A.M. CHUDNOW, ETC., ET AL., APPELLEES

Citator

Cited By (18 total)

• Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)
  …it in support of the default final judgment in this case and conclude that the defendant’s damages were not liquidated. Plaintiff was thus entitled to notice and a hearing on the motion for default final judgment. In Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133, 1134 (Fla. 5th DCA 1987), the court held that the defendant’s fundamental due process rights were violated because the notice of trial on the unliquidated damages was sent by the opposing attorney rather than the court and, [*1096] further, did not…
• Gulf Maint. & Supply, Inc. v. Barnett Bank OF Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989)
  …the advances, repayments, and recovery from the sale of security to enter the final judgment. Therefore, the damages requested by the motion for final judgment were not liquidated within the meaning of rule 1.440(c); Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133 (Fla. 5th DCA 1987); Buffington v. Torcise, 504 So. 2d 490 (Fla. 3d DCA 1987); Bowman v. Kingsland Development, Inc, 432 So. 2d 660 (Fla. 5th DCA 1983); Air Unlimited, Inc. v. Volare Air, Inc., 428 So. 2d 294 (Fla. 3d DCA 1983).5 Accordingly, the o…
• Bodygear Activewear, Inc. v. Counter Intelligence Servs., 946 So. 2d 1148 (Fla. 4th DCA 2006)
  …tion and evaluation of evidence necessary to a judicial interpretation of the amount of unliq-uidated damages.” Asian Imports, Inc. v. Pepe, 633 So. 2d 551, 552 (Fla. 1st DCA 1994) (quoting Bowman, 432 So. 2d at 662); Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133, 1134-(Fla. 5th DCA 1987). “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 a…

Authorities Cited

• Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981)
• Cooper v. State, 396 So. 2d 258 (Fla. 1st DCA 1981)