JOE THOMPSON A/K/A JOE L. THOMPSON
v.
AMERICAN EXPRESS NATIONAL BANK

Fla. 5th DCA | 2025-08-01
No. 2024-3496
Friedland, J., Wallis, J., Lambert, J., Boatwright, J.
2025 FL 6700 Florida District Court of Appeal, Fifth District (2025)

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Holding

A default judgment admits all well-pleaded allegations of the complaint, including the plaintiff's entitlement to liquidated damages, and a trial court may award liquidated damages without notice to the defaulted defendant.


Headnotes

[1] A default judgment operates as an admission of all well-pleaded allegations in the complaint, including the plaintiff's entitlement to liquidated damages.

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Key Quotes

“The effect of a default, such as the one entered against [the defendant] in this case, is that a defendant admits to all well-pleaded allegations of a complaint, including a plaintiff's entitlement to liquidated damages.”

Citation to Ciotti v. Hubsch, 302 So. 3d 497, 499 (Fla. 5th DCA 2020)

Facts & Procedural History

Joe Thompson appealed a judgment entered against him by the County Court for Brevard County in a case brought by American Express National Bank. Thomp…

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Opinion of the Court
Boatwright

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2024-3496 LT Case No. 05-2024-SC-35757 _____________________________

JOE THOMPSON A/K/A JOE L.

THOMPSON,

Appellant,

v.

AMERICAN EXPRESS NATIONAL

BANK,

Appellee. _____________________________

On appeal from the County Court for Brevard County. Kenneth Friedland, Judge.

Joe L. Thompson, Merritt Island, pro se.

No Appearance for Appellee.

August 1, 2025

PER CURIAM.

AFFIRMED. See Ciotti v. Hubsch, 302 So. 3d 497, 499 (Fla. 5th DCA 2020) (“The effect of a default, such as the one entered against [the defendant] in this case, is that a defendant admits to all wellpleaded allegations of a complaint, including a plaintiff’s entitlement to liquidated damages.” (citing Bowman v. Kingsland Dev., Inc., 432 So. 2d 660, 662 (Fla. 5th DCA 1983))); Sarasota Est.

WALLIS, LAMBERT, and BOATWRIGHT, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Footnotes
2 & Jewelry Buyers, Inc. v. Joseph Gad, Inc., 25 So. 3d 619, 621 (Fla. 2d DCA 2009) (recognizing that a trial court may award liquidated damages without notice to the defaulted defendant).

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