Boulos v. YUNG SHENG XIAMEN YONG CHEMICAL INDUSTRY CO., 4D02-502.

• Decision Date: 10 September 2003
• Docket Number: No. 4D02-502.,4D02-502.
• Citation: 855 So.2d 665
• Parties: Riad BOULOS, Appellant, v. YOUNG SHENG XIAMEN YONG CHEMICAL INDUSTRY CO., LTD., Supreme Oil and Chemical of Florida Inc., a dissolved corporation, d/b/a Supreme Oil and Chemicals, Inc., and Salim Boulos, Appellees.
• Court: Florida District Court of Appeals

855 So.2d 665

Riad BOULOS, Appellant, v. YOUNG SHENG XIAMEN YONG CHEMICAL INDUSTRY CO., LTD., Supreme Oil and Chemical of Florida Inc., a dissolved corporation, d/b/a Supreme Oil and Chemicals, Inc., and Salim Boulos, Appellees.

No. 4D02-502.

District Court of Appeal of Florida, Fourth District.

September 10, 2003.

Charles D. Franken of Charles D. Franken, P.A., Plantation, for appellant.

Gayle Halligan, Fort Lauderdale, for appellee Yung Sheng Xiamen Yong Chemical Industry Co., Ltd.

TOBIN, VICTOR, Associate Judge.

This appeal arises from a trial court's denial of appellant's motion to vacate a final judgment entered after default was entered. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). We are presented with two issues. First, did the trial court abuse its discretion in failing to set aside the default judgment. Second, did the trial court err by awarding unliquidated damages without notice to the defendants. Because we find that the trial court abused its discretion in failing to set aside the default judgment and erred by awarding unliquidated damages without notice, we reverse the final judgment.

The facts in this case are not in dispute. On January 23, 2001 Yusin, Xiamn Yong-Yu Machinery Co. Ltd. ("Yusin") filed a complaint against Supreme Oil and Chemical of Florida ("Supreme"), as well as Riad Boulos ("Boulos") individually, charging that Supreme and Boulos breached their agreement with Yusin to ship certain products to Yusin. Boulos was served with the complaint.

On April 18, 2001 Yusin filed a motion for default and a default was entered by the clerk on April 18, 2001. Copies of the motion and the entry of the default were mailed to Boulos.

In August, Yusin sought leave to amend the complaint without notice to the defendants. The trial court granted the motion and the complaint was amended to the extent that the name of the plaintiff was changed from "Yung Sheng Xiamen Yong Sheng Chemical Industry, Ltd." to "Yusin, Xiamn Yong Yu Machinery Co. Ltd." The amended complaint was never served on the defendants and Yusin never sought a default against the defendants on the amended complaint.

In October of 2001, Yusin sought the entry of a final judgment for damages resulting from Supreme's failure to deliver goods, lost profits, interest, and lost business. Yusin did not provide notice of hearing for entry of a final judgment on either defendant, and on November 5, 2001, the trial court entered an order granting final judgment in favor of Yusin for all damages. With the exception of the damages for loss of business and attorney's fees, the lower court's order was unspecified as to the amounts awarded to Yusin. The order further provided that Yusin was to submit a memorandum in support of its unliquidated claims for damages with respect to which the lower court's order did not set forth an amount to be awarded in the final judgment.

After Yusin submitted its memoranda, the trial court entered an order awarding damages for lost profits. On January 28, 2002 the court entered a final judgment against all defendants in the amount of $100,247.24. No copy of the final judgment was sent to Boulos.

Appellant asserts, and we agree, that the trial court reversibly erred by entering a final judgment for unliquidated...