WALDRON v. NEW ALTERNATIVES CONSULTING LLC LLC LLC (2020)

Thomas Waldron Jr. challenges the final default judgment entered against him and Thomas Waldron Sr., raising three issues on appeal. We affirm without comment all issues save one. As New Alternatives, LLC, Gary West, and Deep Blue Enterprises, LLC, properly concede,¹ the trial court erred in awarding unliquidated damages in the absence of notice and an evidentiary hearing on same. See Fla. R. Civ. P. 1.440(c); Paramo v. Floyd, 154 So. 3d 477, 478 (Fla. 2d DCA 2015) (concluding that the trial court erred in awarding the appellees unliquidated damages in the absence of an evidentiary hearing); Sarasota Estate & Jewelry Buyers, Inc. v. Joseph Gad, Inc., 25 So. 3d 619, 621 (Fla. 2d DCA 2009) (“[I]t is fundamental error for the court to award unliquidated damages without providing the required notice and without requiring proof of damages.” (citing Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662, 666 (Fla. 3d DCA 2007))). We therefore reverse the final default judgment to the extent that it awarded unliquidated damages and remand for a properly noticed evidentiary hearing. The final default judgment is otherwise affirmed.

Affirmed in part, reversed in part, and remanded with instructions.

FOOTNOTES

1.   The remaining appellees did not participate in this appeal.

BLACK, Judge.

SILBERMAN and LaROSE, JJ., Concur.