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CALDER v. McNESS

District Court of Appeal of Florida, Fourth District.
Mar 9, 1983

LETTS, Chief Judge.

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.