HERNAN MILLAN
v.
YSAURA MARQUEZ
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Hernan Millan appeals a default final judgment entered in favor of Ysaura Marquez. The Third District Court of Appeal affirmed the default judgment but reversed and remanded the portion awarding unliquidated damages because the trial court failed to provide Millan with adequate notice and an opportunity to be heard on the damages calculation.
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 unliquidated damages. The trial court erred by awarding unliquidated damages without providing such notice and opportunity, therefore the judgment must be reversed and remanded for a properly noticed trial or evidentiary hearing on damages.
[1] A defaulting party is entitled to notice of an order setting a damages determination hearing and must be afforded an opportunity to defend regarding the calculation of un…
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Join FLexlaw to unlock all legal intelligence“It is well settled that a defaulting party 'has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages.'”
Court establishing the governing legal principle from Cellular Warehouse, Inc. v. GH Cellular, LLC
A default final judgment was entered against Hernan Millan in favor of Ysaura Marquez in a Miami-Dade County circuit court action. The judgment includ…
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Opinion filed January 26, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D20-1895 Lower Tribunal No. 19-5468 ________________
Hernan Millan,
Appellant,
vs.
Ysaura Marquez,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto Diaz, Judge. Tomas Kucera, P.A., and Tomas Kucera, for appellant. Law Offices of Aaron Resnick, P.A., and Aaron R. Resnick, for appellee. Before LOGUE, HENDON and GORDO, JJ. GORDO, J.
Hernan Millan appeals a default final judgment entered in favor of Ysaura Marquez. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). We affirm without further discussion on all issues save one. “It is well settled that a defaulting party ‘has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages.’” Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662, 666 (Fla. 3d DCA 2007) (quoting Bowman v. Kingsland Dev., Inc., 432 So. 2d 660, 663 (Fla. 5th DCA 1983)). Here, the trial court erred by awarding Marquez unliquidated damages without affording Millan adequate notice and an opportunity to be heard. See DYC Fishing, Ltd. v. Martinez, 994 So. 2d 461, 463 (Fla. 3d DCA 2008) (“When unliquidated damages must be determined as a result of a default, the defaulting party ‘is entitled to notice of an order setting the matter for trial, and must be afforded an opportunity to defend.’” (quoting Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090, 1095 (Fla. 4th DCA 2006))); Fiera.com, Inc. v. DigiCast New Media Grp., Inc., 837 So. 2d 451, 452 (Fla. 3d DCA 2002) (reversing a default final judgment where extrinsic evidence was necessary to determine the amount of damages, and no damages hearing was held); Whitehead v. Shutter Hangers, Inc., 322 So. 3d 221, 221–22 (Fla. 3d DCA 2021). We therefore reverse the final default judgment to the extent it awarded unliquidated damages and remand for a duly noticed trial or evidentiary hearing on the same.
Affirmed in part; reversed in part; remanded with instructions.
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- Flagship Nat'l Bank OF Miami v. Gray Distrib. Sys., Inc., 432 So. 2d 660 (Fla. 3d DCA 1983)
- Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)
- Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662 (Fla. 3d DCA 2007)
- FIERA.COM, Inc. v. Digicast NEW Media Grp., Inc., 837 So. 2d 451 (Fla. 3d DCA 2002)
- DYC Fishing, Ltd. v. Martinez, 994 So. 2d 461 (Fla. 3d DCA 2008)
- Whitehead v. Shutter Hangers, Inc. (Fla. 3d DCA 2021)