LAUXMONT FARMS, INC., Appellant,
v.
James P. FLAVIN and Ann Flavin, His Wife, Appellees.
District Court of Appeal of Florida, Fifth District.
*1134 Robert B. White, Jr., of White & May, Orlando, for appellant.
Frederic B. O'Neal of Winderweedle, Haines, Ward & Woodman, P.A., Orlando, for appellees.
DAUKSCH, Judge.
This is an appeal from a judgment which awarded unliquidated damages without trial. Although a default judgment can be entered to establish liability a trial is necessary to establish unliquidated damages. Bowman v. Kingsland Dev., Inc.,
After the motion for summary judgment and compensatory damages were granted, the attorney for appellee sent a notice of nonjury trial to appellant. The notice was defective because the order was sent by the opposing attorney rather than the court and did not give the requisite thirty-days notice of trial. Fla.R.Civ.P. 1.440(c). Lauxmont Farms did not attend the nonjury trial in which the trial court awarded $1,600,000 in punitive damages and $6,400 in attorney's fees and costs.
Strict compliance with Florida Rule of Civil Procedure 1.440 is required and failure to do so is reversible error. Ramos v. Menks,
AFFIRMED in part; REVERSED in part and REMANDED.
ORFINGER and COBB, JJ., concur.
