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964 So. 2d 751

Howland v. Schrager

District Court of Appeal of Florida

Decided August 22, 2007

District Court of Appeal of Florida · decided 2007-08-22

Cited by 1 later decisions — most recently October 2010

1 state decisions

Relies on 922 So. 2d 1090 - Viets v. AREI

Good law ✅— No negative treatment on recordhow we know

Decided 2007-08-22

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PER CURIAM.

¶1The trial court entered a default and default final judgment in this action brought by appellee, Barry S. Schrager, against appellant, Edward Howland, for fraudulent transfer of property by appel-lee’s former wife to appellant. We find no abuse of discretion in the trial court’s order denying appellant’s motion to vacate the default judgment, given that appellant failed to demonstrate excusable neglect or inadvertence. However, we agree with appellant that he was not given proper notice before the trial court entered final judgment awarding damages based solely on appellee’s affidavit. Because this action involves unliquidated damages, appellant was entitled to notice of an order setting the matter for trial and an opportunity to defend. See Viets v. Am. Recruiters Enters., Inc., 922 So.2d 1090, 1095 (Fla. 4th DCA2006).

¶2Accordingly, we reverse the damages portion of the order and final judgment and remand for trial, after notice, on the damages issue.

¶3Affirmed in part, reversed in part, and remanded.

SHAHOOD, C.J., GROSS and TAYLOR, JJ., concur.
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