WATSON v. INTERNET BILLING CO., LTD.

No. 4D03-3925.

882 So.2d 533 (2004)

Stephen WATSON, Appellant, v. INTERNET BILLING COMPANY, LTD., a Florida Limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

September 22, 2004.


Attorney(s) appearing for the Case

Gary D. Weinfeld of Gary D. Weinfeld, P.A., Miami, for appellant.

Craig J. Trigoboff of Waldman, Feluren, Hildebrandt & Trigoboff, P.A., Weston, for appellee.


FARMER, C.J.

A defendant appeals from a trial court's denial of his motion to vacate a clerk's default and his companion motion for relief from the consequent final judgment. We affirm the denial as to the clerk's default but reverse as to the final judgment, upon a holding that the claim in question did not involve liquidated damages and therefore the defaulted defendant was entitled to notice of any trial on damages.

Plaintiff alleged that it had been retained...

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