Third District Court of Appeal
State of Florida
Opinion filed January 26, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1895
Lower Tribunal No. 19-5468
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Hernan Millan,
Appellant,
vs.
Ysaura Marquez,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto
Diaz, Judge.
Tomas Kucera, P.A., and Tomas Kucera, for appellant.
Law Offices of Aaron Resnick, P.A., and Aaron R. Resnick, for
appellee.
Before LOGUE, HENDON and GORDO, JJ.
GORDO, J.
Hernan Millan appeals a default final judgment entered in favor of
Ysaura Marquez. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). We
affirm without further discussion on all issues save one. “It is well settled
that a defaulting party ‘has a due process entitlement to notice and
opportunity to be heard as to the presentation and evaluation of evidence
necessary to a judicial determination of the amount of unliquidated
damages.’” Cellular Warehouse, Inc. v. GH Cellular, LLC,
957 So. 2d 662,
666 (Fla. 3d DCA 2007) (quoting Bowman v. Kingsland Dev., Inc.,
432 So.
2d 660, 663 (Fla. 5th DCA 1983)). Here, the trial court erred by awarding
Marquez unliquidated damages without affording Millan adequate notice and
an opportunity to be heard. See DYC Fishing, Ltd. v. Martinez,
994 So. 2d
461, 463 (Fla. 3d DCA 2008) (“When unliquidated damages must be
determined as a result of a default, the defaulting party ‘is entitled to notice
of an order setting the matter for trial, and must be afforded an opportunity
to defend.’” (quoting Viets v. Am. Recruiters Enters., Inc.,
922 So. 2d 1090,
1095 (Fla. 4th DCA 2006))); Fiera.com, Inc. v. DigiCast New Media Grp.,
Inc.,
837 So. 2d 451, 452 (Fla. 3d DCA 2002) (reversing a default final
judgment where extrinsic evidence was necessary to determine the amount
of damages, and no damages hearing was held); Whitehead v. Shutter
Hangers, Inc.,
322 So. 3d 221, 221–22 (Fla. 3d DCA 2021). We therefore
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reverse the final default judgment to the extent it awarded unliquidated
damages and remand for a duly noticed trial or evidentiary hearing on the
same.
Affirmed in part; reversed in part; remanded with instructions.
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