EDWARD L. NEZELEK, INC., APPELLANT,
v.
G. E. DRYWALL, INC., LARRY LEATHERWOOD AND EASTERN AIR LINES, A CORPORATION, APPELLEES
PER CURIAM.
Upon consideration of the record on appeal and briefs of the respective parties, we determine that the order of the trial court in declining to vacate and set aside the default judgment constituted an abuse of judicial discretion. Goldstein v. Goldstein, 284 So. 2d 225 (Fla.3d DCA 1973); Lake Towers, Inc. v. Axelrod, 216 So. 2d 86 (Fla. 4th DCA 1968); Hurley v. Werly, 203 So. 2d 530 (Fla. 2d DCA 1967); State Road Department v. Hufford, 161 So. 2d 35 (Fla. 1st DCA 1964).
Accordingly, the order is vacated and set aside, and the cause remanded for further proceedings.
Reversed and remanded.
MAGER, C. J., and CROSS and AN-STEAD, JJ., concur.
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Ins. Field Servs., Inc. v. White & White Inspection & Audit Serv., Inc., 384 So. 2d 303 (Fla. 5th DCA 1980)…upon appellee’s loss of prospective profits, was not established with reasonable certainty. Conner v. Atlas Aircraft Corporation, 310 So. 2d 352 (Fla.3d DCA 1975). However, as this court noted in Adams v. Dreyfus Interstate Development Corporation, 352 So. 2d 76 (Fla.4th DCA 1977): Uncertainty as to the amount of damages or difficulty in proving the exact amount will not prevent recovery where it is clear that substantial damages were suffered and there is a reasonable basis in the evidence for the amount…
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Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997)…e suffered and there is a reasonable basis in the evidence for the amount awarded. Ultimately the degree of certainty simply requires that the mind of a prudent impartial person be satisfied with the damages. Adams v. Dreyfus Interstate Dev. Corp., 352 So. 2d 76, 78 (Fla. 4th DCA 1977)(emphasis added)(footnote omitted); see also Servpro Indus., Inc. v. Spohn, 638 So. 2d 1001, 1003 (Fla. 4th DCA 1994)(“a confusing state of financial records does not prevent recovery if there is sufficient evidence from which…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hurley v. Werly, 203 So. 2d 530 (Fla. 2d DCA 1967)
- Goldstein v. Goldstein, 284 So. 2d 225 (Fla. 3d DCA 1973)
- State Rd. Dep't of Fla. v. Hufford, 161 So. 2d 35 (Fla. 1st DCA 1964)
- Lake Towers, Inc. v. Axelrod, 216 So. 2d 86 (Fla. 4th DCA 1968)