Sloan v. Freedom Savings & Loan Ass'n

DAUKSCH, Judge.

This is an appeal from a summary judgment in a promissory note guaranty case.

We affirm the summary judgment and take this opportunity to rectify a situation we created in Lauxmont Farms, Inc. v. Flavin, 514 So.2d 1133 (Fla. 5th DCA 1987). In Lauxmont, we said:

Although a default judgment can be entered to establish liability a trial is necessary to establish unliquidated damages. Therefore, the award of unliquidated compensatory damages by summary judgment in this case was error [citations omitted].

Lauxmont Farms’ fundamental due process rights were violated by the defective…