ZULIMA SANCHEZ, PETITIONER,
v.
BECKY BRUMM, RESPONDENT
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A defaulting party has a due process right to notice and an opportunity to be heard regarding unliquidated damages, and the Circuit Court erred in quashing the County Court's order that set aside the damages portion of the judgment.
A defaulting party is entitled to due process notice and an opportunity to be heard on the presentation and evaluation of evidence necessary to determine unliquidated damages.
[1] A defaulting party retains a due process right to notice and an opportunity to be heard regarding the determination of unliquidated damages, even when liability has been…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defaulting party has a due process entitlement to notice and an opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages”
The court's statement of the governing legal principle regarding due process rights of defaulting parties in damages determinations.
Sanchez was defaulted in a County Court action and a judgment was entered against her that included an unliquidated damages amount. Sanchez was not gi…
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FLETCHER, Judge.
Zulima Sanchez seeks a writ of certiorari directed against the decision of the Circuit Court, Appellate Division, which quashed a County Court order setting aside a portion of a judgment entered after Sanchez was defaulted. The portion of the judgment at issue specified the amount of damages against Sanchez. As the damages were un-liquidated and Sanchez was not given notice and an opportunity to be heard thereon, she contends that she was denied due process, that the County Court was correct when it set aside the damages portion of the judgment, and that the Circuit Court denied her the essential requirements of the law when it quashed the County Court’s order setting aside the damages.
We agree with Sanchez that a defaulting party has a due process entitlement to notice and an opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages. See, e.g. Asian Imports, Inc. v. Pepe, 633 So. 2d 551(Fla. 1st DCA 1994). Thus, when the Circuit Court concluded to the contrary and applied the incorrect law, it denied Sanchez the essential requirements of the law. See, e.g., Maurer v. State, 668 So. 2d 1077 (Fla. 5th DCA 1996).
Accordingly, the petition for a writ of certiorari is granted, the decision of the Circuit Court is quashed, and the County Court’s order setting aside the damages portion of the judgment is reinstated.
Writ issued.
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Kalb v. Fernwoods Condo. Ass'n # 2, Inc., 972 So. 2d 904 (Fla. 3d DCA 2007)…PER CURIAM. Affirmed. See Sanchez v. Brumm, 706 So. 2d 886 (Fla. 3d DCA 1998); Crocker Invs., Inc. v. Statesman Life Ins. Co., 515 So. 2d 1305 (Fla. 3d DCA 1987).…
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Contino v. Berger, 825 So. 2d 1089 (Fla. 3d DCA 2002)…R CURIAM. Based on appellee Terry Abrams Berger’s proper confession of error filed in this cause, we reverse the final judgment entered after default and remand the cause to the trial court for further proceedings consistent with Sanchez v. Brumm, 706 So. 2d 886 (Fla. 3d DCA 1998)(due process requires notice and opportunity to be heard prior to the entry of judgment after default when damages claimed are unliquidated). Reversed and remanded.…
Authorities Cited
- Asian Imports, Inc. v. Pepe, 633 So. 2d 551 (Fla. 1st DCA 1994)
- Maurer v. State, 668 So. 2d 1077 (Fla. 5th DCA 1996)