Paramo v. Floyd
154 So. 3d 477
Fla. Dist. Ct. App.2015Background
- The Floyds sued Diego Paramo and D.M.P. Builders (Paramo) for civil theft related to a home remodeling/expansion project.
- The trial court entered a default final judgment against Paramo after they failed to defend.
- The trial court awarded the Floyds $237,000, which was treble damages under Fla. Stat. § 772.11 based on claimed actual damages of $79,000.
- The $79,000 comprised a $15,000 deposit, $30,000 for demolition work, and $34,000 for allegedly missing building materials.
- The court of appeal held that while default admits liability and well-pleaded allegations except damages amounts, a plaintiff is not automatically entitled to unliquidated damages without an evidentiary hearing.
- The court reversed the damages portion of the default judgment and remanded for an evidentiary hearing; affirmed remainder of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a default judgment permits awarding unliquidated damages without hearing | Floyds argued their pleaded damage amounts were liquidated and therefore established by default | Paramo argued damages were unliquidated and required proof at an evidentiary hearing | Court held the damages were unliquidated; remanded for an evidentiary hearing before awarding damages |
| Whether attorney's-fee or other non-fixed damages can be awarded on default without proof | Floyds treated their claimed amounts (and consequential trebled amount) as established by complaint | Paramo contended such amounts require testimony or proof and cannot be fixed by default alone | Court reaffirmed that unliquidated damages (including attorney's fees) require evidence; default does not automatically establish amount |
Key Cases Cited
- Szucs v. Qualico Dev., Inc., 893 So. 2d 708 (Fla. 2d DCA 2005) (default admits allegations except amount of unliquidated damages)
- Bowman v. Kingsland Dev., Inc., 432 So. 2d 660 (Fla. 5th DCA 1983) (definition of liquidated damages and requirement for exact calculation)
- Medcom U.S.A., Inc. v. Ryder Homes & Groves Co., 847 So. 2d 594 (Fla. 2d DCA 2003) (damages unliquidated when testimony required to ascertain sum)
- Holiday Gulf Builders, Inc. v. Tahitian Gardens Condo., Inc., 443 So. 2d 143 (Fla. 2d DCA 1983) (attorney's fees treated as unliquidated damages)
- Rich v. Spivey, 922 So. 2d 326 (Fla. 1st DCA 2006) (pleaded amount does not automatically make damages liquidated)
- United States Fire Ins. Co. v. C & C Beauty Sales, Inc., 674 So. 2d 169 (Fla. 3d DCA 1996) (same)