Merco Group at Akoya, Inc. v. General Computer Services, Inc. (45 So. 3d 971, 2010)

Florida District Court of Appeal 2010-10-13

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Full opinion text

PER CURIAM.

Merco Group at Akoya, Inc. (“Merco”) appeals an order denying a motion to set aside a final default judgment. We affirm the default because there was no excusable neglect. See Fla. R. Civ. P. 1.540(b). However, we reverse for a new trial on damages. The damages were unliquidated and require a factual determination. See Bowman v. Kingsland Dev., Inc., 432 So.2d 660, 662 (Fla. 5th DCA 1983).

Affirmed in part and reversed in part.