ADRIAN S. WILLIAMS v. SKYLINK JETS, INC.

229 So. 3d 1275
CourtDistrict Court of Appeal of Florida
DecidedNovember 15, 2017
Docket4D16-4170
StatusPublished
Cited by2 cases

This text of 229 So. 3d 1275 (ADRIAN S. WILLIAMS v. SKYLINK JETS, INC.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ADRIAN S. WILLIAMS v. SKYLINK JETS, INC., 229 So. 3d 1275 (Fla. Ct. App. 2017).

Opinion

Forst, J.

Appellant Adrian S. Williams appeals an order denying his motion to vacate a default final judgment brought under Florida Rule of Civil Procedure 1.540. In addition to challenging the trial court’s finding of default, Appellant also argues that the specific damages requested by Appellee Skyl-ink Jets, Inc. and awarded by the trial court were unliquidated and, thus, notice and the opportunity to be heard prior to entry of default final judgment was required.

As discussed below, we summarily affirm the trial court’s decision to deny Appellant’s motion to vacate the default final judgment entered against him. Further, we hold that Appellee provided a precise damages figure and, although Appellee failed to attach proof of the specific expenses incurred to arrive at the damages requested, Appellant “admitted” that this figure was accurate, converting unliquidat-ed damages into liquidated damages. Finally, we hold’the attorney’s fees and costs are unliquidated and must be determined by the trial court after notice and hearing.

Background

Appellant, an aircraft pilot, was hired by Appellee on October 2, 2014. As part of his engagement with Appellee, Appellant executed a Pilot Training Expense Agreement (“Agreement”). The Agreement required Appellant to reimburse Appellee for all expenses incurred in pilot training if Appellant terminated his employment without cause or was terminated for cause within twenty-four months of his hiring. The Agreement provided a specific explanation of what constituted “training expenses.”

On July 3, 2015, Appellant’s employment was terminated. Subsequently, Appellee notified Appellant of the $15,176.52 incurred for Appellant’s training expenses and demanded repayment pursuant to the Agreement. Due to Appellant’s failure to repay the training expenses (or offer any response to Appellee’s demand letter), Ap-pellee filed a corjiplaint for breach of contract and unjust enrichment. Appellee listed damages of $15,176.52 in the complaint. Shortly thereafter, Appellant was served with a summons, complaint, interrogatories, and request for admissions. Appellant failed to respond to any of the discovery requests.

Due to Appellant’s failure to respond to the complaint, a default was entered against him on January 7, 2016. Appellee next filed a motion for default final judgment. Appellee requested damages of $15,176.52, court costs of $547.23, interest of $1,042.29, and attorney’s fees of $2,565.00. A hearing was scheduled on Ap-pellee’s motion, and Appellant, again, failed to appear. A default final judgment was entered, and-Appellee was awarded its requested damages. Appellant finally responded, filing a motion- to vacate the default final judgment. At the hearing on his motion, the trial court found the damages to be liquidated and as such, notice was not required. Further, the trial court found that the default was properly served on Appellant.

On appeal, Appellant argues the trial court committed fundamental error by denying his motion to vacate the default final judgment where the judgment grants un-liquidated damages and Appellant was 'not given notice before entry of the default. He asserts that the mailing addresses on the certificates of service for the motion for default final judgment and the notice of hearing on the motion were incorrect. Appellant also argues that, although the trial court did not address the clerk’s default, it should also be vacated, or the case should' be remanded with instructions for the trial court to, consider his arguments for vacating the clerk’s default.

In response, Appellee argues * the trial court correctly denied Appellant’s- motion because the damages were liquidated; thus, Appellant was not entitled to notice. Nevertheless, Appellee argues that notice was given. In addition, Appellee contends that Appellant failed to demonstrate excusable neglect, meritorious defenses, and diligence.

Analysis

This Court reviews an order denying a motion to vacate a default judgment, for abuse of discretion. Mullne v. Sea-Tech Const., Inc., 84 So.3d 1247, 1248 (Fla. 4th DCA 2012). However, “[wjhether damages alleged are liquidated or unliqui-dated is a question of law subject to de novo review.” Talbot v. Rosenbaum, 142 So.3d 965, 967 (Fla. 4th DCA 2014).

In order to vacate a default final judgment, a party must demonstrate:

(1) the failure to file a responsive pleading was the result of excusable neglect; (2)’the moving party has a meritorious defense; and (3) the moving party' acted with due diligence in seeking relief from the default.

Fla. Eurocars, Inc. v. Pecorak, 110 So.3d 513, 515 (Fla. 4th DCA 2013) (quoting Wells Fargo Bank, N.A. v. Jidy, 44 So.3d 162, 164 (Fla. 3d DCA 2010)). On appeal, Appellant did not argue the necessary requirements to vacate a default final judgment, but rather solely relies on his argument that the trial court improperly awarded unliquidated damages in the final judgment. This Court will not make arguments for an appellant. See Hammond v. State, 34 So.3d 58, 59 (Fla. 4th DCA 2010) (“Claims for which an appellant has not presented any argument, or for which he provides only conclusory argument, are insufficiently presented for review and are waived.”); Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So.2d 958, 960 (Fla. 4th DCA 1983) (“It is the duty of counsel to prepare appellate briefs so as to acquaint the Court with the. material facts, the points of law involved, and the legal arguments supporting the positions of the respective parties. [I]t is not the function of the Court to rebrief an appeal”). As such, we affirm the trial court’s decision to deny Appellant’s motion to vacate the default final judgment entered against him, without further discussion on the issue of Appellant’s liability for damages.

Pursuant to Florida Rule of Civil Procedure 1.440(c), “[i]n actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with rule 1.080.” Rule 1.440(c) requires strict compliance. Ciprian-Escapa v. City of Orlando, 172 So.3d 485, 488 (Fla. 5th DCA 2015). “Indeed, it is fundamental error to set unliquidated damages without the notice, proof, and hearing required by rule 1.440(c).” Id.

Appellee argues that the notice requirement set by Rule 1.440(c) is not applicable because the, damages at issue are liquidated. Appellant disagrees. “Liquidated damages are those damages that are determinable with exactness from the cause of action as pleaded, by an arithmetr ical-calculation or by application of definite rules of law.” Boulos v. Yung Sheng Xiamen Yong Chem. Indus. Co., 855 So.2d 665, 667 (Fla. 4th DCA 2003). “[Liquidated damages may exist in a contractual setting “when a specific sum of money has been expressly stipulated or agreed to by the parties for .recovery by either party following a breaeh of the contract by the other.’” Bodygear Activewear, Inc. v. Counter Intelligence Servs., 946 So.2d 1148, 1150 (Fla. 4th DCA 2006) (quoting Hartford Fire Ins. Co. v. Controltec, Inc., 561 So.2d 1334, 1335 (Fla. 5th DCA 1990)). On the other hand, “damages are not liquidated if a court must consider testimony or evidence ‘to ascertain facts upon which to base a value judgment.’” Id. (quoting Bowman v.

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