FLAGSHIP NATIONAL BANK OF MIAMI, APPELLANT,
v.
GRAY DISTRIBUTION SYSTEMS, INC., ET AL., APPELLEES
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PER CURIAM.
By this interlocutory appeal, we are asked to review the propriety of a trial court order which continues a prior injunctive order of the court. We have jurisdiction to entertain this appeal. Art. V, § 4(b)(3), Fla. Const.; Fla.R.App.P. 9.130(a)(3)(B).
The injunctive order which is continued herein restrains the plaintiff/appellant Flagship National Bank of Miami from prosecuting a certain in personam action on a judgment presently pending before the United States District Court for the Northern District of Georgia, Atlanta Division. We reverse the above injunctive order upon a holding that “it is not within the power of state courts to bar litigants from filing and prosecuting in personam actions in the federal courts.” General Atomic Co. v. Felter, 434 U.S. 12, 98 S.Ct. 76, 54 L.Ed.2d 199, 200 (1977).
Reversed.
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Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)…awarded can be determined with exactness from the cause of action as pleaded, i.e., from a pleaded agreement between the parties, by an arithmetical calculation or by application of definite rules of law.” See Bowman v. Kingsland Development, Inc., 432 So. 2d 660, 662 (Fla. 5th DCA 1983). Id. at 783. We have reviewed the counterclaim and affidavit in support of the default final judgment in this case and conclude that the defendant’s damages were not liquidated. Plaintiff was thus entitled to notice and a h…
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Gulf Maint. & Supply, Inc. v. Barnett Bank OF Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989)…e motion for final judgment were not liquidated within the meaning of rule 1.440(c); Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133 (Fla. 5th DCA 1987); Buffington v. Torcise, 504 So. 2d 490 (Fla. 3d DCA 1987); Bowman v. Kingsland Development, Inc, 432 So. 2d 660 (Fla. 5th DCA 1983); Air Unlimited, Inc. v. Volare Air, Inc., 428 So. 2d 294 (Fla. 3d DCA 1983).5 Accordingly, the order denying the motion for relief from judgment is reversed, the default entered by the clerk and the final judgment entered pursua…
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Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662 (Fla. 3d DCA 2007)…40(c).3 We agree and reverse. While a default admits all well-pleaded allegations of a complaint including a plaintiffs entitlement to liquidated damages, it does not admit entitlement to unliquidated damages. Bowman v. Kingsland Development, Inc., 432 So. 2d 660, 662 (Fla. 5th DCA 1983). Damages are liquidated “when the proper amount to be awarded can be determined with exactness from the cause of action as pleaded, i.e., from a pleaded agreement between the parties, by an arithmetical calculation or by app…1 / 2
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- Gen. Atomic Co. v. Felter, 434 U.S. 12 (U.S. 1977)