WILLIE JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
987 So. 2d 175
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant pleaded no contest to cocaine possession, reserving his right to appeal the dispositive denial of his motion to suppress incriminating evidence. We conclude that the State’s candid concession of error is legally correct. See Clemons v. State, 747 So. 2d 454, 455 (Fla. 4th DCA 1999); Johnson v. State, 640 So. 2d 136,137 (Fla. 4th DCA 1994).
REVERSED.
BARFIELD, KAHN, and BENTON, JJ., concur.
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Krueger v. Ponton, 6 So. 3d 1258 (Fla. 5th DCA 2009)…. A defaulting party has a due process entitlement to receive 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. Belcourt v. Haraczka, 987 So. 2d 175 (Fla. 1st DCA 2008). Damages are “liquidated damages” when the proper amount to be awarded can be determined with exactness from the cause of action as pleaded by an arithmetical calculation or by application of definite rules of law. Cellular Wareh…
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Iman Emami v. Progressive Brands, Inc., 225 So. 3d 983 (Fla. 3d DCA 2017)…ordance with rule 1.080.”); Ciprian-Escapa v. City of Orlando, 172 So. 3d 485, 488 (Fla. 5th DCA 2015) (“[I]t is fundamental error to set unliquidated damages without the notice, proof, and hearing required by rule 1.440(c).”); Belcourt v. Haraczka, 987 So. 2d 175, 176 (Fla. 1st DCA 2008) (“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 unliquidat-ed damages.” (qu…
Authorities Cited
- Johnson v. State, 640 So. 2d 136 (Fla. 4th DCA 1994)
- Alphonso Clemons v. State, 747 So. 2d 454 (Fla. 4th DCA 1999)