Opinion
No. 87-3.
October 29, 1987.
Appeal from the Circuit Court, Orange County, Frederick T. Pfeiffer, J.
Robert B. White, Jr., of White May, Orlando, for appellants.
Bruce B. Blackwell of King Blackwell, P.A., Orlando, for appellee.
This is an appeal from a default judgment awarding unliquidated damages without trial. Although a default judgment can be entered to establish liability, a trial with proper notice is necessary to establish unliquidated damages. Bowman v. Kingsland Dev., Inc., 432 So.2d 660 (Fla. 5th DCA 1983); Fla.R.Civ.P. 1.440(c). The trial court's award of unliquidated compensatory damages by a default judgment was therefore error. See Buffington v. Torcise, 504 So.2d 490 (Fla. 3d DCA 1987); Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 5th DCA 1980). We find no error in regard to appellant's other points on appeal.
AFFIRMED in part; REVERSED in part; REMANDED.
UPCHURCH, C.J., and SHARP, J., concur.