EDWARD HOWLAND, APPELLANT,
v.
BARRY S. SCHRAGER, APPELLEE
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PER CURIAM.
The trial court entered a default and default final judgment in this action brought by appellee, Barry S. Schrager, against appellant, Edward Howland, for fraudulent transfer of property by appel-lee’s former wife to appellant. We find no abuse of discretion in the trial court’s order denying appellant’s motion to vacate the default judgment, given that appellant failed to demonstrate excusable neglect or inadvertence. However, we agree with appellant that he was not given proper notice before the trial court entered final judgment awarding damages based solely on appellee’s affidavit. Because this action involves unliquidated damages, appellant was entitled to notice of an order setting the matter for trial and an opportunity to defend. See Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090, 1095 (Fla. 4th DCA2006).
Accordingly, we reverse the damages portion of the order and final judgment and remand for trial, after notice, on the damages issue.
Affirmed in part, reversed in part, and remanded.
SHAHOOD, C.J., GROSS and TAYLOR, JJ., concur.
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Citator
Cited By
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Schrager v. Howland, 46 So. 3d 167 (Fla. 4th DCA 2010)…ate the default final judgment, which the trial court denied. The second husband appealed the order denying his motion to vacate. We affirmed the default final judgment, but reversed and remanded the case for a trial on damages. Howland v. Schrager, 964 So. 2d 751 (Fla. 4th DCA 2007).1 On remand, the second husband filed a motion for summary judgment and argued that the doctrines of res judicata and collateral estoppel applied to the bankruptcy court’s findings and barred the default judgment. The trial cour…
Authorities Cited
- Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)