BOYI, LLC v. Premiere American Bank, N.A.
127 So. 3d 850
Fla. Dist. Ct. App.2013Background
- Appellants BOYI, LLC and Eduardo Bozo defaulted on a commercial loan from Florida Community Bank, N.A.
- Trial court entered a default final judgment for the Bank and later reinstated that judgment after proceedings.
- Appellants filed a motion to quash service of process and to vacate the reinstated default final judgment within ten days of reinstatement.
- Appellants argued the court awarded $2,845.00 in unliquidated damages without the 30-day notice required for a hearing under Fla. R. Civ. P. 1.440(c).
- Appellee (the Bank) conceded that the notice requirement for unliquidated damages was not satisfied.
- The appellate court affirmed the judgment in part, reversed the portion awarding unliquidated damages, and remanded for an evidentiary hearing on those damages only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court erred by awarding unliquidated damages without 30‑day notice | Bank contended default allowed entry of damages | BOYI/Bozo contended they were denied notice and opportunity to be heard under Rule 1.440(c) | Reversed as to unliquidated damages; remand for evidentiary hearing |
| Whether entire default judgment is void for lack of notice | Bank argued judgment should stand in full | BOYI/Bozo argued due‑process violation required vacatur | Only the unliquidated portion vacated; liquidated damages remain valid |
| Adequacy of proof before entry of unliquidated damages | Bank had not provided required hearing or proof | BOYI/Bozo argued court lacked basis to fix amount without evidence | Court agreed notice/proof lacking; ordered hearing on amount |
Key Cases Cited
- Minkoff v. Caterpillar Fin. Servs. Corp., 103 So.3d 1049 (Fla. 4th DCA 2013) (default does not admit unliquidated damages; notice and hearing required)
- Bodygear Activewear, Inc. v. Counter Intelligence Servs., 946 So.2d 1148 (Fla. 4th DCA 2006) (distinguishing liquidated and unliquidated damages in default)
- Bowman v. Kingsland Dev., Inc., 432 So.2d 660 (Fla. 5th DCA 1983) (court may need testimony to ascertain value of unliquidated damages)
- Asian Imports, Inc. v. Pepe, 633 So.2d 551 (Fla. 1st DCA 1994) (defaulting party entitled to notice and opportunity to be heard on unliquidated damages)
- Sarasota Estate & Jewelry Buyers, Inc. v. Joseph Gad, Inc., 25 So.3d 619 (Fla. 2d DCA 2009) (error in awarding unliquidated damages without notice is not fatal to liquidated portions of judgment)
- Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So.2d 662 (Fla. 3d DCA 2007) (notice error affects only unliquidated portion, not entire judgment)