Anthony Lind Maiuri v. First American Title Insurance Company

Summary

The Florida Third District Court of Appeal held that a default final judgment against a co-promisor was void because the damages were unliquidated and the defendant had not received notice and an opportunity for an evidentiary hearing. The uncertainty resulted from a prior judgment against the co-debtor, a satisfaction of judgment that did not state the amount paid, and an affidavit used to quantify that payment. The court vacated the default judgments and writ of garnishment and remanded for a final evidentiary hearing or trial.

Holdings

1. A default admits entitlement to liquidated damages but not unliquidated damages. When evidence is required to determine the amount of damages, the defaulting party must receive notice of a hearing or trial and an opportunity to be heard; a judgment entered without those protections is void.
2. The void default final judgment, the amended default final judgment, and the writ of garnishment arising from them must be vacated.
3. Maiuri's service-related arguments lacked merit because he failed to contest service or timely appeal the denial of an order denying a motion to quash.

Questions Presented

1. Whether a default final judgment awarding damages that could not be determined by mechanical calculation from the pleadings was void because it was entered without notice and an evidentiary hearing.
2. Whether the amended default final judgment and writ of garnishment arising from the void judgment were also subject to vacatur.
3. Whether Maiuri's arguments concerning service of the initial complaint warranted relief.

Disposition

reversed_and_remanded