Minkoff v. Caterpillar Financial Services Corp.
103 So. 3d 1049
Fla. Dist. Ct. App.2013Background
- Guarantors Minkoff and Zhou appeal a final judgment in Caterpillar's favor on a loan secured by equipment and guaranteed by them.
- Caterpillar sought unpaid loan amount, attorney's fees, and costs based on a clerk's default after non response.
- Minkoff and Zhou moved to dismiss claiming lack of personal service; Caterpillar moved for final judgment with an affidavit for fees.
- The trial court denied the motion to set aside the default and entered final judgment including attorney's fees without an evidentiary hearing.
- Appellants contend they were denied opportunity to be heard on the attorney's fees; the court agrees and remands for an evidentiary hearing on fees, affirming all other issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process required a hearing on attorney’s fees. | Minkoff asserts denial of hearing on fees. | Caterpillar contends notice was provided and fees supported by affidavit. | Remand for evidentiary hearing on fees; not liquidated amount. |
Key Cases Cited
- Bodygear Activewear, Inc. v. Counter Intelligence Servs., 946 So.2d 1148 (Fla. 4th DCA 2006) (defaulted claims bar liquidated damages; unliquidated must be proven with evidence)
- Parker v. Dekle, 46 Fla. 452, 35 So. 4 (1903) (Fla. 1903) (reasonable attorney’s fees require testimony to ascertain a reasonable fee)
- Arango v. Alvarez, 585 So.2d 1131 (Fla. 3d DCA 1991) (fee awards require notice and evidentiary hearing)
- Bowman v. Kingsland Dev., Inc., 432 So.2d 660 (Fla. 5th DCA 1983) (error to award attorney’s fees without hearing when unliquidated)
- Asian Imports, Inc. v. Pepe, 633 So.2d 551 (Fla. 1st DCA 1994) (due process for unliquidated damages includes hearing on evidence)