LAUXMONT FARMS, INC., AND LAUXMONT BLOODSTOCK, INC., APPELLANTS,
v.
WALTER W. ZENTNER, APPELLEE
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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Jones v. Sterile Prods. Corp., 572 So. 2d 519 (Fla. 5th DCA 1990)…ski, 546 So. 2d 1132 (Fla. 1st DCA 1989); Gulf Maintenance and Supply, Inc. v. Barnett Bank of Tallahassee, 543 So. 2d 813 (Fla. 1st DCA 1989); Himes v. Brown & Co. Securities Corp., 518 So. 2d 937 (Fla.3d DCA 1987); Lauxmont Farms, Inc. v. Zentner, 514 So. 2d 82 (Fla. 5th DCA 1987); [*520] Bowman v. Kingsland Development, Inc., 432 So. 2d 660 (Fla. 5th DCA 1983). Further, because the damages here appear to be unliquidated claims for lost business and profits, rather than breach of a specific contract, preju…
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Dysart v. AN Ultimate Pool Serv. & Repair, Inc., 536 So. 2d 387 (Fla. 3d DCA 1989)…ges, after the default was entered, without notice and a hearing in accordance with Florida Rule of Civil Procedure 1.440(c). Cole v. Blackwell, Walker, Gray, Powers, Flick & Hoehl, 523 So. 2d 725 (Fla. 3d DCA 1988); Lauxmont Farms, Inc. v. Zentner, 514 So. 2d 82 (Fla. 5th DCA 1987). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER CONSISTENT PROCEEDINGS.…
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Authorities Cited
- Flagship Nat'l Bank OF Miami v. Gray Distrib. Sys., Inc., 432 So. 2d 660 (Fla. 3d DCA 1983)
- B/G Amusements, Inc. v. Mystery FUN House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980)
- Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980)
- Buffington v. Torcise, 504 So. 2d 490 (Fla. 3d DCA 1987)