Robert Maggiano, D.O., P.A. v. Whiskey Creek Professional Center, LLC
160 So. 3d 535
Fla. Dist. Ct. App.2015Background
- Tenant (Robert Maggiano, D.O., P.A.) executed a five-year commercial lease (2009–2014); Dr. and Mrs. Maggiano personally guaranteed rent.
- Lease required first and last month up front, two security-deposit installments, and annual rent increases (monthly rent $2,024.16 in 2009 to $2,278.63 in 2014).
- Whiskey Creek (assignee/landlord) sued in Jan 2014 for eviction, unpaid rent, and guaranty enforcement, alleging tenant made sporadic partial payments and owed $22,788.61.
- Defendants were defaulted by the clerk; they later appeared and filed an answer; competing affidavits on amount due were submitted (landlord later claimed $24,738.04 without accounting).
- Trial court denied motion to set aside default and entered judgment based on the complaint’s stated amount, reasoning the complaint liquidated damages; judgment for $23,381.51 (including interest).
- Second District reversed, concluding the complaint did not liquidate damages and remanded for a hearing to determine unliquidated damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amount alleged in complaint liquidated damages so default alone can establish judgment amount | Alleged sum ($22,788.61) in complaint is conclusive and liquidated; default establishes amount | Alleged amount is conclusory; calculation is unclear given sporadic payments and lease terms, so damages are unliquidated and require proof | The amount was not liquidated; testimony/accounting required; default could not establish the exact sum |
Key Cases Cited
- Paramo v. Floyd, 154 So. 3d 477 (Fla. 2d DCA 2015) (default judgment may be entered on liquidated damages without further proof)
- Medcom USA, Inc. v. Ryder Homes & Groves Co., 847 So. 2d 594 (Fla. 2d DCA 2003) (hearing required for unliquidated damages despite default)
- Talbot v. Rosenbaum, 142 So. 3d 965 (Fla. 4th DCA 2014) (whether complaint liquidates damages is a question of law)
- Charlotte Harbor Props. Assocs., Ltd. v. Huff, 632 So. 2d 229 (Fla. 2d DCA 1994) (alleged monetary amount without calculation does not liquidate damages)
- Bowman v. Kingsland Dev., Inc., 432 So. 2d 660 (Fla. 5th DCA 1983) (damages liquidated only where exact amount can be determined from pleaded agreement, arithmetic, or rules of law)
- Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla. 2000) (summary judgment inappropriate where material factual disputes remain)