Florida District Courts of Appeal, 2010

Merco Group at Akoya, Inc. v. General Computer Services, Inc.

Merco Group at Akoya, Inc. v. General Computer Services, Inc.
Florida District Courts of Appeal · Decided October 13, 2010 · No. 3D10-319 · Ramirez, Gersten, Salter
45 So. 3d 971; 2010 Fla. App. LEXIS 15561; 2010 WL 3985161 (Southern Reporter, Third Series)
Merco Group at Akoya, Inc. v. General Computer Services, Inc.

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Opinion

PER CURIAM.

Merco Group at Akoya, Inc. (“Merco”) appeals an order denying a motion to set aside a final default judgment. We affirm *972 the default because there was no excusable neglect. See Fla. R. Civ. P. 1.540(b). However, we reverse for a new trial on damages. The damages were unliquidated and require a factual determination. See Bowman v. Kingsland Dev., Inc., 432 So.2d 660, 662 (Fla. 5th DCA 1983).

Affirmed in part and reversed in part.

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