Opinion
No. 82-1006.
March 9, 1983.
Appeal from the Circuit Court, Broward County, Eugene S. Garrett, J.
Don Lacy, Fort Lauderdale, for appellant.
David L. Jordan of Birr, Bryant Saier, P.A., Fort Lauderdale, for appellees.
A default was properly entered against a defendant in a civil suit involving unliquidated damages. However, the final judgment which followed fixed the damages without any trial or notice to the defendant of any kind. We reverse.
A party against whom a default has been entered, is entitled to notice in an action involving unliquidated damages before a final judgment awarding damages can be entered. B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 5th DCA 1980) and Florida Rule of Civil Procedure 1.440(c).
REVERSED AND REMANDED.
HERSEY and WALDEN, JJ., concur.