1445 WASHINGTON LIMITED PARTNERSHIP, ETC., APPELLANT,
v.
RYAN LEMONTANG, ETC., APPELLEE
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The Third District Court of Appeal reversed an attorney's fee judgment awarded to Lemontang against a defaulting partnership, holding that a defaulting party is entitled to notice and an opportunity to be heard on unliquidated damages such as attorney's fees before judgment is entered.
A defaulting party is entitled to notice and an opportunity to be heard on unliquidated damages such as attorney's fees. The trial court erred in awarding attorney's fees without affording the partnership reasonable notice and an opportunity to present evidence at an evidentiary hearing.
[1] A defaulting party is entitled to notice and an opportunity to be heard on unliquidated damages.
[2] Attorneys fees are considered unliquidated damages because competent and substantial evidence is required to determine their reasonableness.
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Join FLexlaw to unlock all legal intelligence“A defaulting party is entitled to notice and an opportunity to be heard on unliquidated damages.”
Establishes the core principle that due process protections apply to unliquidated damages even in default cases.
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Join FLexlaw to unlock all legal intelligenceLemontang filed a class action against 1445 Washington Limited Partnership. The partnership failed to respond, and the clerk entered a default. The tr…
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1445 Washington Limited Partnership (“the partnership”) appeals an attorney’s fee judgment in favor of Ryan Lemontang (“Lemontang”). We reverse.
Lemontang filed a class action against the partnership. The partnership failed to respond, and the clerk entered a default. The trial court entered a final default judgment entitling Lemontang to attorney’s fees. Lemontang subsequently filed a motion to determine the attorneys fees, noticing the motion for hearing eight days thereafter. The partnership failed to appear at the hearing, and the trial court *1081awarded Lemontang’s counsel $31,500 in attorneys fees.
The partnership appeals from the trial courts denial of a motion to vacate the attorneys fee judgment. Among other grounds, the partnership asserts that the trial court erred in entering judgment for unliquidated damages without proper notice. Lemontang contends the trial court properly awarded attorneys fees. We agree with the partnership.
A defaulting party is entitled to notice and an opportunity to be heard on unliquidated damages. Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So.2d 662, 665 (Fla. 3d DCA 2007); Fla. R. Civ. P. 1.440(c). Rule 1.440(c) specifically states that “actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default.” At a minimum, due process requires that a party be given sufficient notice to prepare for a hearing. See e.g., Herranz v. Siam, 2 So.3d 1105 (Fla. 3d DCA 2009); Crepage v. City of Lauderhill, 774 So.2d 61 (Fla. 4th DCA 2000).
Where a default is entered, the defaulting party admits entitlement to liquidated damages, but not unliquidated damages. Cellular Warehouse, 957 So.2d at 666. Damages are liquidated when the exact amount due may be determined from the pleadings. See e.g., Bowman v. Kingsland Dev., Inc., 432 So.2d 660, 662 (Fla. 5th DCA 1983). Where evidence must be presented to determine the amount, however, damages are unliquidated. 432 So.2d at 663. An attorneys fees award requires competent and substantial evidence to determine reasonableness. Brewer v. Solovsky, 945 So.2d 610, 611 (Fla. 4th DCA 2006). Therefore, attorneys fees are considered unliquidated damages. See e.g., Cellular Warehouse, 957 So.2d at 665.
Here, the partnership was not afforded reasonable notice or an opportunity to be heard before the trial court awarded attorneys fees. Lemontang served the motion for attorneys fees and the notice of hearing at the partnerships place of business only a few days before the scheduled hearing. This left the partnership with insufficient time to prepare for an eviden-tiary hearing. Additionally, the trial courts order awards Lemontang’s counsel $31,500 in fees without stating what, if any, evidence Lemontang presented to prove that the amount was reasonable for a simple default action.
Accordingly, we reverse the final default judgment awarding attorneys fees, and remand for an evidentiary hearing upon proper notice.
Reversed and remanded with instructions.
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RJG Env't, Inc. v. State Farm Fla. Ins. Co., 62 So. 3d 678 (Fla. 2d DCA 2011)…making Manatee County, the place where payment allegedly was due, the proper venue. But RJG seeks unliquidated damages; the amount of its recovery, if any, must be determined by presentation of evidence. See 1445 Washington Ltd. P’ship v. Lemontang, 19 So. 3d 1079, 1081 (Fla. 3d DCA 2009) (explaining that damages are liquidated, such that they can be awarded against a defaulting party without a hearing, “when the exact amount due may be determined from the pleadings[; wjhere evidence must be presented to dete…
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Welspring Invs. S.A. v. Simone Frangi, 327 So. 3d 444 (Fla. 3d DCA 2021)…ut not unliquidated damages. Damages are liquidated when the exact amount due may be determined from the pleadings. Where evidence must be presented to determine the amount, however, damages are unliquidated.” 1445 Wash. Ltd. P’ship v. Lemontang, 19 So. 3d 1079, 1081 (Fla. 3d DCA 2009) (citing Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662, 666 (Fla. 3d DCA 2007); Bowman v. Kingsland Dev., Inc., 432 So. 2d 660, 662–63 (Fla. 5th DCA 1983)). Where an action involves unliquidated damages, “‘…
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Diaz v. Calvo, 251 So. 3d 260 (Fla. 3d DCA 2018)…unliquidated damages. Cellular Warehouse[, Inc. v. GH Cellular, LLC], 957 So. 2d [662,] 666 [(Fla. 3d DCA 2007)]. Damages are liquidated when the exact amount due may be determined from the pleadings.” 1445 Washington Ltd. P’ship v. Lemontag, 19 So. 3d 1079, 1081 (Fla. 3d DCA 2009). Before entry of the final default judgment, the appellee filed a notice that he would not seek or obtain any unliquidated damages on the counts of the complaint which did not specify an exact amount. Trebling the “exac…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Flagship Nat'l Bank OF Miami v. Gray Distrib. Sys., Inc., 432 So. 2d 660 (Fla. 3d DCA 1983)
- Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662 (Fla. 3d DCA 2007)
- Brewer v. Solovsky, 945 So. 2d 610 (Fla. 4th DCA 2006)
- Crepage v. City OF Lauderhill, 774 So. 2d 61 (Fla. 4th DCA 2000)
- Herranz v. Siam, 2 So. 3d 1105 (Fla. 3d DCA 2009)