Mitchell v. Northstar Pan. City Beach, Inc.
Citation | 171 So.3d 833 (Mem) |
Decision Date | 24 August 2015 |
Docket Number | No. 1D15–1199.,1D15–1199. |
Court | Court of Appeal of Florida (US) |
Parties | Carl Terrell MITCHELL d/b/a Showtime Entertainment & Talent Agency p/k/a Twista, Appellant, v. NORTHSTAR PANAMA CITY BEACH, INC., a Florida Corporation, d/b/a Club La Vela, Appellee. |
Richard C. Wolfe, of Wolfe Law Miami, P.A., Miami, for Appellant.
Albert J. Stopka, III, of Albert J. Stopka, III, P.A., Lynn Haven, for Appellee.
We hold there was competent substantial evidence to support the trial court's finding that appellant was properly served with process, and the trial court did not abuse its discretion in denying appellant's motion to set aside the default final judgment on the basis that appellant failed to demonstrate excusable neglect and due diligence. See, e.g., Szucs v. Qualico Dev., Inc., 893 So.2d 708, 711 (Fla. 2d DCA 2005) ; Allstate Floridian Ins. Co. v. Ronco Inventions, LLC, 890 So.2d 300, 303 (Fla. 2d DCA 2004).
Id. (citing Viets v. Am. Recruiters Enters., Inc., 922 So.2d 1090, 1095 (Fla. 4th DCA 2006) ). See also Szucs, 893 So.2d at 712. Thus, while an error in notice does not void the entire judgment but only that portion awarding unliquidated damages, see Cellular Warehouse, 957 So.2d at 666, where, as here, a portion of the damages sought are unliquidated, “a court must consider evidence and testimony to arrive at the appropriate amount.” Minkoff v. Caterpillar Fin. Servs. Corp., 103 So.3d 1049, 1051 (Fla. 4th DCA 2013) (cit...
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