· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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