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· 6/2/1983

Bowman v. Kingsland Development, Inc.

Citations

  • 432 So. 2d 660
  • 1983 Fla. App. LEXIS 19978

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a fully defaulted party is entitled to an evidentiary hearing to determine the reasonable amount of attorney’s fees to which the opponent is entitled
  • noting that the right to attorney's fees under any contractual provision is limited by the terms of that provision
  • damages are unliq-uidated “if the ascertainment of their exact sum requires the taking of testimony to ascertain facts upon which to base a value judgment”
  • explain-mg that actions for sums directly due on negotiable instruments are actions for liquidated damages
  • “A defaulting party has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages.”
  • “A defaulting party has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cowart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.