Calder v. McNess
Florida District Courts of Appeal
Calder v. McNess, 427 So. 2d 393 (1983)
Letts
Calder v. McNess
Opinion
John William CALDER, Appellant,
v.
Lynn C. McNESS, Individually and F/U/B/O Allstate Insurance Company and Industrial Fire & Casualty Company, Appellees.
District Court of Appeal of Florida, Fourth District.
*394 Don Lacy, Fort Lauderdale, for appellant.
David L. Jordan of Birr, Bryant & Saier, P.A., Fort Lauderdale, for appellees.
LETTS, Chief Judge.
A default was properly entered against a defendant in a civil suit involving unliquidated damages. However, the final judgment which followed fixed the damages without any trial or notice to the defendant of any kind. We reverse.
A party against whom a default has been entered, is entitled to notice in an action involving unliquidated damages before a final judgment awarding damages can be entered. B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 5th DCA 1980) and Florida Rule of Civil Procedure 1.440(c).
REVERSED AND REMANDED.
HERSEY and WALDEN, JJ., concur.
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