COMPREHENSIVE HEALTH CENTER, INC., APPELLANT,
v.
LAW OFFICES OF ROBERT A. TRILLING, APPELLEE
COMPREHENSIVE HEALTH CENTER, INC., APPELLANT,
LAW OFFICES OF ROBERT A. TRILLING, APPELLEE
870 So. 2d 886
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The defendant below, Comprehensive Health Center, Inc., appeals from an adverse final default judgment. After a careful review of the record, we affirm the trial court’s entry of default judgment. However, we reverse the entry of final default judgment and remand for an evidentiary hearing on the issue of damages as the amount sued for was unliquidated. See Hartford Fire Ins. Co. v. Controltec, Inc., 561 So. 2d 1334 (Fla. 5th DCA 1990).
Affirmed, in part; reversed, in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Henderson v. Henderson, 882 So. 2d 499 (Fla. 1st DCA 2004)…. 5th DCA 2001). While the petition was technically deficient — for one thing, no financial affidavit was attached, as required by section 61.30(14), Florida Statutes (2003) — dismissal without leave to amend was not justified. See Owens v. Ridley, 870 So. 2d 886, 887 (Fla. 1st DCA 2004); Obenschain v. Williams, 750 So. 2d 771, 772-73 (Fla. 1st DCA 2000); see also Bator v. Osborne, 799 So. 2d 263, 264 (Fla. 2d DCA 2001) (reversing “without prejudice to Osborne’s filing a proper petition for modification alon…
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Johnson v. Gulf Cnty., 965 So. 2d 298 (Fla. 1st DCA 2007)…BENTON, J., concurring in the judgment. I agree the appellants should have another opportunity to plead. See Owens v. Ridley, 870 So. 2d 886 (Fla. 1st DCA 2004).…
Authorities Cited
- Hartford Fire Ins. Co. v. Controltec, Inc., 561 So. 2d 1334 (Fla. 5th DCA 1990)