Legal Opinion

Robert Maggiano, D.O., P.A. v. Whiskey Creek Professional Center, LLC

District Court of Appeal of Florida

Decided April 1, 2015No. 2D14-2612PublishedCited by 3 opinions

1Opinion of the Court

ALTENBERND, Judge.

Dr. and Mrs. Maggiano, as well as Robert Maggiano, D.O., P.A., appeal a judgment in favor of Whiskey Creek Professional Center, LLC. The judgment was entered after a clerk’s default. The trial court based its monetary award on the amount alleged in the complaint. We conclude that the damages were not liquidated by the complaint. Accordingly, we reverse and remand for a new determination of damages.

Robert Maggiano, D.O., P.A. (the tenant) entered into a five-year lease of professional space in April 2009. The lease payments were personally guaranteed by Dr. Maggiano and his…

2Cases cited5 opinions

  1. Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
  2. Sharon P. Talbot v. Margaret A. RosenbaumDistrict Court of Appeal of Florida · 2014
  3. Medcom USA, Inc. v. RYDER HOMES AND GROVES CO.District Court of Appeal of Florida · 2003
  4. Charlotte Harbor Properties Associates, Ltd. v. HuffDistrict Court of Appeal of Florida · 1994
  5. Paramo v. FloydDistrict Court of Appeal of Florida · 2015

3Cited by3 opinions

  1. ADRIAN S. WILLIAMS v. SKYLINK JETS, INC.District Court of Appeal of Florida · 2017
  2. Premise, Inc. v. Withlacoochee River Electric Cooperative, Inc.District Court of Appeal of Florida · 2017
  3. Winding Wood Condominium VI Association, Inc. v. WallsDistrict Court of Appeal of Florida · 2016

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