Florida District Courts of Appeal, 1987

Lauxmont Farms, Inc. v. Zentner

Florida District Courts of Appeal · Decided October 29, 1987 · Dauksch, Sharp, Upchurch

514 So. 2d 82; 12 Fla. L. Weekly 2497; 1987 Fla. App. LEXIS 10725 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Williams v. Direct Dispensing, Inc. (Fla. Dist. Ct. App. 1994)
Jones v. Sterile Products Corp. (Fla. Dist. Ct. App. 1990)
Dysart v. an Ultimate Pool Serv. & Repair, Inc. (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a default judgment awarding unliquidated damages without trial. Although a default judgment can be entered to establish liability, a trial with proper notice is necessary to establish unliquidated damages. Bowman v. Kingsland Dev., Inc., 432 So.2d 660 (Fla. 5th DCA 1983); Fla.R.Civ.P. 1.440(c). The trial court’s award of unliquidated compensatory damages by a default judgment was therefore error. See Buffington v. Torcise, 504 So.2d 490 (Fla. 3d DCA 1987); Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 5th DCA 1980). We find no error in regard to appellant’s other points on appeal.

AFFIRMED in part; REVERSED in part; REMANDED.

UPCHURCH, C.J., and SHARP, J., concur.

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