Opinion
Case No. 2D18-2320
03-13-2020
Thomas WALDRON Jr., Appellant, v. NEW ALTERNATIVES CONSULTING, LLC; Gary West; Deep Blue Enterprises, LLC ; Trican, LLC ; Donna Devivo; Dominick Devivo; and Thomas S. Waldron Sr., Appellees.
Francis B. Marjorie of The Marjorie Firm Ltd., Irving, Texas; and Jonathan Jacobs of Jacobs Law Firm, PLLC, Winter Park (withdrew after briefing); Edgar Gonzalez, Miami (substituted as counsel of record), for Appellant. Christopher B. Hopkins, Mary F. April, and Maureen Martinez of McDonald Hopkins LLC, West Palm Beach, for Appellees New Alternatives Consulting, LLC, Gary West, and Deep Blue Enterprises, LLC. No appearance for remaining Appellees.
Francis B. Marjorie of The Marjorie Firm Ltd., Irving, Texas; and Jonathan Jacobs of Jacobs Law Firm, PLLC, Winter Park (withdrew after briefing); Edgar Gonzalez, Miami (substituted as counsel of record), for Appellant.
Christopher B. Hopkins, Mary F. April, and Maureen Martinez of McDonald Hopkins LLC, West Palm Beach, for Appellees New Alternatives Consulting, LLC, Gary West, and Deep Blue Enterprises, LLC.
No appearance for remaining Appellees.
BLACK, Judge.
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, 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.
The remaining appellees did not participate in this appeal.
SILBERMAN and LaROSE, JJ., Concur.