MARIO TALUCCI, APPELLANT,
v.
SARA L. MATTHEWS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TERENCE J. MATTHEWS, M.D., APPELLEES
Explore caselaw by topic → Browse Unliquidated Damages cases and more on FLexlaw
PER CURIAM.
Affirmed.
STONE, FARMER and MAY, JJ., concur.
On Motion fob Rehearing and Request fob Written Opinion
PER CURIAM.
The default on liability obtained by plaintiff against defendant in this personal injury, medical malpractice action did not have the effect of making defendant necessarily liable as a matter of law for all damages claimed by plaintiff. For more than a century it has been the law in Florida that a defaulted defendant has the right to contest the amount of unliquidated damages and may offer evidence in mitigation thereof. See Watson v. Seat, 8 Fla. 446 (1859) (default admits nothing more than plaintiffs right to recover -on the cause of action, but defendant has the right to controvert the amount of damages).
This principle has been followed by the courts on several occasions. See, e.g., Russ v. Gilbert, 19 Fla. 54 (1882) (when defendant defaults he confesses right of recovery on cause of action, but he may contest the amount of damages); Wilhelm v. South Indian River Co., 98 Fla. 970, 124 So. 729, 731 (1929) (after default in tort action defendant has right to offer proof and be heard on question of damages); Pan American World Airways v. Gregory, 96 So. 2d 669, 672 (Fla. 3d DCA 1957) (“It has long been established that after default in a tort action, the defendant has a right to put in proof and to be heard upon the question of damages.”). The right to contest unliquidated damages in any negligence action encompasses the right to challenge the causal relationship between the damages claimed and the liability established by the default.
Plaintiffs motion for rehearing is denied.
STONE, FARMER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ries v. Ries, 984 So. 2d 612 (Fla. 4th DCA 2008)…ailed to make a proffer and has therefore failed to preserve the issue. There is no question that “a defaulted defendant has the right to contest the amount of unliquidated damages and may offer evidence in mitigation thereof.” Talucci v. Matthews, 960 So. 2d 9, 10 (Fla. 4th DCA 2007). In fact, Rule 12.440(a), Florida Family Law Rules of Procedure, and Rule 1.440(c), Florida Rules of Civil Procedure, specifically provide for notice and an opportunity for the defaulted party to be heard on unliquidated dama…
-
Icmfg & Assocs., Inc. v. The Bare Bd. Grp., Inc., 238 So. 3d 326 (Fla. 2d DCA 2017)…efaulted." Medcom USA, Inc. v. Ryder Homes & Groves Co., 847 So. 2d 594, 596 (Fla. 2d DCA 2003). "[A] defaulted defendant has the right to contest the amount of unliquidated damages and may offer evidence in mitigation thereof." Talucci v. Matthews, 960 So. 2d 9, 10 (Fla. 4th DCA 2007). Therefore, the entry of the default on liability did not make the Appellants liable as a matter of law for all of the damages claimed by BBG. See id. Even where, as in this case, the trial is on the issue of damages only an…
-
McKinney v. Micah Graham, 414 So. 3d 286 (Fla. 6th DCA 2025)
Authorities Cited
- PAN Am. World Airways, Inc. v. Gregory, 96 So. 2d 669 (Fla. 3d DCA 1957)
- Wilhelm v. S. Indian River Co., 98 Fla. 970 (Fla. 1929)
- Russ v. John B. Gilbert et ux., 19 Fla. 54 (Fla. 1882)
- Watson v. Seat & Crawford, 8 Fla. 446 (Fla. 1859)