Legal Opinion

Bradley Vercosa and Superclean Restoration, LLC v. Claudia Fields, Craig Greene, MSG Built-Tech Construction Corporation and Andres R. Nunez

District Court of Appeal of Florida

Decided August 26, 2015No. 4D14-4724PublishedCited by 17 opinions

1Opinion of the Court

BOORAS, TED, Associate Judge.

The trial court denied appellants’ motion to vacate the final judgment. Because the final judgment was void, we reverse.

A default as to liability was entered against appellants when they failed to file any responsive pleadings after being served with the complaint. Because the complaint alleged damages without demanding a specific amount, the damages were unliquidated. See Watson v. Internet Billing Co., 882 So.2d 533, 534 (Fla. 4th DCA 2004).

A final hearing as to the amount of damages was set for a specific time and location. Appellants 1 appeared for the trial…

2Cases cited11 opinions

  1. Sterling Factors v. US Bank Nat. Ass'nDistrict Court of Appeal of Florida · 2007
  2. Shiver v. WhartonDistrict Court of Appeal of Florida · 2009
  3. Watson v. WatsonDistrict Court of Appeal of Florida · 1991
  4. Mullne v. Sea-Tech Construction, Inc.District Court of Appeal of Florida · 2012
  5. Tannenbaum v. SheaDistrict Court of Appeal of Florida · 2014

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Nationstar Mortgage, LLC v. DiazDistrict Court of Appeal of Florida · 2017
  2. MERLANDE RICHARD and ELIE RICHARD v. BANK OF AMERICADistrict Court of Appeal of Florida · 2018
  3. Torres v. One Stop Maintenance & Management, Inc.District Court of Appeal of Florida · 2015
  4. Plutt v. RossDistrict Court of Appeal of Florida · 2017
  5. Rodriguez v. ThompsonDistrict Court of Appeal of Florida · 2017

12 more not listed; retrieve them via the Exa API.

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