HISCOX INSURANCE COMPANY INC.
v.
MEREDITH WERLINE, ET AL.
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A trial court errs in awarding unliquidated damages in a small claims case without an evidentiary hearing, but a party seeking to vacate a default judgment must satisfy the requirements of Florida Small Claims Rule 7.190(b).
Hiscox Insurance Company was subjected to a default judgment in a small claims case for $5,000 in unliquidated damages. Hiscox appealed the denial of …
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BOKOR, J. Appellant Hiscox Insurance Company appeals the denial of its motion to vacate a default judgment in a small claims case. Appellee admirably concedes error with respect to the trial court's award of $5,000 in unliquidated damages without an evidentiary hearing; thus, we reverse and remand in part as to that issue. We affirm the remainder of the default final judgment because Appellant has not demonstrated an entitlement to relief under Florida Small Claims Rule 7.190(b).
Affirmed in part, reversed in part, and remanded.