H.B. Hunt & Lola N. Hunt v. Inter-Globe Energy, Inc., John A. Corrente, Forest N. Simon, Third-Party Glenda Perry Simon, Third-Party, 770 F.2d 145 (3rd Cir. 1985). · Go Syfert
H.B. Hunt & Lola N. Hunt v. Inter-Globe Energy, Inc., John A. Corrente, Forest N. Simon, Third-Party Glenda Perry Simon, Third-Party, 770 F.2d 145 (3rd Cir. 1985). Cases Citing This Book View Copy Cite
228 citation events (205 in the last 25 years) across 31 distinct courts.
Strongest positive: Adrian Conejo, Christopher Ashmore, Jason Mack, Miguel Acosta, Jeffrey Martin, David Kelsch-Haghiri, Rebecca Hampton, Rachel Caldwell, Alfonso Barajas, Angel Lough, Cole Timian, Marquivas Crawford, Cody Pittser, and Danial Garza, in their individual capacities and on behalf of others similarly situated v. Nicholas (“Nic”), an individual (cod, 2026-03-30)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Adrian Conejo, Christopher Ashmore, Jason Mack, Miguel Acosta, Jeffrey Martin, David Kelsch-Haghiri, Rebecca Hampton, Rachel Caldwell, Alfonso Barajas, Angel Lough, Cole Timian, Marquivas Crawford, Cody Pittser, and Danial Garza, in their individual capacities and on behalf of others similarly situated v. Nicholas (“Nic”), an individual
D. Colo. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Lyle Justin Lowe and Fenton Ford of Ada, Inc. v. Michael Gaya, an individual, and M&M Capital Investments, LLC
W.D. Okla. · 2026 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust v. Moosh Inc.
D. Colo. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Express Services Inc v. Garrett Holding Co (2×) also: Cited "see"
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Richway LLC v. SXThree LLC
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Growtech Industries LLC v. Mary Mechanix LLP
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Texas First Capital Fund I Inc v. Foncham Enterprises LLC
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Formulated Materials LLC v. Hico Concrete Inc
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Biton v. Jackson
W.D. Okla. · 2025 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Biton v. Jackson
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) State Farm Life Insurance Company v. Obe
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) LPL Financial LLC v. McElroy
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Hobby Lobby Stores Inc v. US Consulting Group
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Jim Cooper Construction Company Inc v. C Ford Electric LLC
W.D. Okla. · 2024 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) BMO Harris Banks N.A. v. B T Auto Transport LLC
W.D. Okla. · 2023 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Bittichesu v. Premier Renewables LLC (2×) also: Cited "see"
D. Colo. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Eighth District Electrical Pension Fund v. Teter Industries, Inc.
D. Colo. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (verbatim quote) Farm Credit Services of America PCA v. Westcott
W.D. Okla. · 2021 · quote attribution · 1 verbatim quote · confidence high
court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.
discussed Cited as authority (rule) Premark Health Science, Inc. v. PlantFuel, Inc., PlantFuel Life, Inc., and Brad Pyatt
D. Colo. · 2026 · confidence medium
Because the Court finds that Premark has sufficiently alleged its breach of contract claim, it will not address Premark’s unjust enrichment claim. amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Santa Fe Goldworks Inc. and David Griego v. Turquoise Trails, LLC, Ahmad Shawabkeh, Eden On The Plaza, LLC, Majed Hamdouni, Rachid Saghrouni, Francheska Sandoval, and Mark Suleiman
D.N.M. · 2026 · confidence medium
However, “when one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (quoting 10 C.
discussed Cited as authority (rule) Yoel Lodos v. Empire Towing Corp., and Bernard Esmel Arritola Alonso, an individual
D. Colo. · 2026 · confidence medium
The court must hold a hearing on the damages claimed before entering default judgment, unless “the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Patricia Ammerman and Harris S. Ammerman v. David Lloyd Fisher, et al
D. Utah · 2026 · confidence medium
Generally, the Tenth Circuit employs the following rule: “[W]hen one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (per curium) (quoting 10 C.
discussed Cited as authority (rule) Eric Prien v. Ace Design & Construction, Inc., Orchid Global Hospitality, and Larry Williams
D. Colo. · 2026 · confidence medium
Docket No. 44. “[W]hen one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (quoting 10 C.
cited Cited as authority (rule) Preston Goetzke v. Billy Johnson, Mesa Well Servicing; John and Jane Does I-X; Black and White Corporations I-X; ABC Partnerships I-X; and ABC Organizations I-X
D.N.M. · 2026 · confidence medium
Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985); Soto v. Vill. of Milan Police Dep't, No. 10-0043 WJ/ACT, 2010 WL 11619168 , at *2 (D.N.M.
cited Cited as authority (rule) Century Bank v. Art Finance Funding (IX), LLC, Andrew C. Rose, and Ann S. Copeland
D.N.M. · 2026 · confidence medium
Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
cited Cited as authority (rule) Century Bank v. Art Finance Funding (IX), LLC, Andrew C. Rose, and Ann S. Copeland
D.N.M. · 2026 · confidence medium
Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Peggy Collins v. BinduO Electronic Business, Inc.
D. Colo. · 2026 · confidence medium
The court must hold a hearing on the damages claimed before entering default judgment unless “the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Great Bowery Inc. d/b/a Trunk Archive v. Vivid Beauty, and Does 1 through 10 inclusive, whose true names are unknown
D. Colo. · 2026 · confidence medium
The court must hold a hearing on the damages claimed before entering default judgment unless “the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Florence-Chavez v. Nationwide Insurance Company of America (2×) also: Cited "see, e.g."
D.N.M. · 2025 · confidence medium
May 21, 2025) (citing Hunt v. Inter- Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985)).
discussed Cited as authority (rule) National Interstate Insurance Company v. Golden Luxury Auto
D. Utah · 2025 · confidence medium
The court denies the motion for a default judgment because the requested declaration would affect the rights of Stevens and Williams, who contest such a declaration. “[W]hen one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (per curiam) (quoting 10 C.
discussed Cited as authority (rule) Pallottino v. Los Suenos De Albuquerque Homeowners Association
D.N.M. · 2025 · confidence medium
Sept. 17, 2010) (citing Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (due diligence is shown in attempt to serve process by carefully following the procedural steps outlined in the state’s rule governing service)).
discussed Cited as authority (rule) McLaughlin Group, Inc. v. American Manufacturing & Machine, Inc. (2×) also: Cited "see"
D. Colo. · 2025 · confidence medium
The court must hold a hearing on the damages claimed before entering default judgment unless “the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Kostroun v. Greenhouse Partners, LLC
D. Colo. · 2025 · confidence medium
The court must hold a hearing on the damages claimed before entering default judgment, unless “the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
cited Cited as authority (rule) Century Bank v. Art Finance Funding (IX), LLC
D.N.M. · 2025 · confidence medium
Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
cited Cited as authority (rule) Barnett v. ESA Enterprise Staffing Agency, LLC
N.D. Okla. · 2025 · confidence medium
Hunt v Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
cited Cited as authority (rule) Dorna Sports, S.L. v. Craft 1861, LLC
D.N.M. · 2025 · confidence medium
Mar. 31, 2021), quoting Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985). 25.
discussed Cited as authority (rule) United States v. Loyo
D. Utah · 2025 · confidence medium
Utah 2020) (quoting Hunt v. Inter- Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985)) (“a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.”). 4 Declaration of Joshua Browning 4, ECF No. 11-2, filed Feb. 28, 2025; INTSTD Calculations to 01/31/2025, ECF No. 11-3, filed Feb. 28, 2025. 2 ECF 11.
discussed Cited as authority (rule) Wyssling v. Swensen
D. Utah · 2025 · confidence medium
Damages The final step of the default judgment analysis is determining the amount for which the Defendants are liable. “[A] court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter- Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985) (citing Venable v. Haislip, 721 F.2d 297, 300 (10th Cir. 1983)).
discussed Cited as authority (rule) Duffy Archive Limited v. Montage Salon Corp.
D. Colo. · 2025 · confidence medium
The court must hold a hearing on the damages claimed before entering default judgment, unless “the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Lodos v. Empire Towing Corp.
D. Colo. · 2025 · confidence medium
It has been noted that “when one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted.” Hunt v. Inter–Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (quoting 10 C.
discussed Cited as authority (rule) PMW, LLC v. ANKC San Francisco LLC
D. Colo. · 2024 · confidence medium
However, “a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter–Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Pigeon v. Straub Builders, LLC
S.D. Ala. · 2024 · confidence medium
“Where the amount of damages sought is a sum certain, or where an adequate record has been made via affidavits and documentary evidence to show statutory damages, no evidentiary hearing is required.” Virgin Recs., 510 F. Supp. 2d at 593–94; Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985) (per curiam) (“[W]e have held that a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.”); Antoine v. Atlas Turner, Inc., 66 F.3d 105, 111 (6th Cir. 1995) (“Use of affidavits in grantin…
discussed Cited as authority (rule) Pigeon v. Straub Builders, LLC
S.D. Ala. · 2024 · confidence medium
Ala. 2007); Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985) (per curiam) (“[W]e have held that a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.”); Antoine v. Atlas Turner, Inc., 66 F.3d 105, 111 (6th Cir. 1995) (“Use of affidavits in granting default judgments does not violate . . . due process . . . .”).
discussed Cited as authority (rule) In re: Application of Pioneer Mill Company, Limited
Haw. App. · 2024 · confidence medium
The general rule from Frow is that "when one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted." Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985) (quoting 10 C.
discussed Cited as authority (rule) Lowrey v. Mosley
D.N.M. · 2024 · confidence medium
Servs., Inc., 316 F. App’x 744 (10th Cir. 2009), and United States v. $285,350.00 in U.S. Currency, 547 F. App’x 886 (10th Cir. 2013), have persuasive value with respect to a material issue, and will assist the Court in its disposition of this Memorandum Opinion and Order. for a damage award without a hearing if the amount claimed is “‘one capable of mathematical calculation.’” Applied Capital, Inc. v. Gibson, 558 F.Supp. 2d 1189, 1202 (D.N.M. 2007)(Browning, J.)(quoting Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985)).
discussed Cited as authority (rule) Russell v. InductEV, Inc.
D.N.M. · 2024 · confidence medium
Moreover, “a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter–Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir.1985).
cited Cited as authority (rule) INSCO Environmental, Inc. v. Pacific Environmental Group, LLC
D. Kan. · 2023 · confidence medium
Kan. 2013) (quoting Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 147 (10th Cir. 1985)); see also Jetcraft Corp. v. Banpais, S.A., 166 F.R.D. 483, 485 (D.
discussed Cited as authority (rule) Mohon v. Spiller II
D.N.M. · 2023 · confidence medium
Feb. 16, 2021) (citation omitted). “[A] court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation.” Hunt v. Inter–Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
discussed Cited as authority (rule) Baxter Construction Company, LLC v. SF Construction, Inc.
D. Colo. · 2023 · confidence medium
“In some situations, that proof is provided in a hearing; however, the Court may enter a default judgment without a hearing if the amount claimed is ‘a liquidated sum or one capable of mathematical calculation.’” Id. (quoting Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985)).
discussed Cited as authority (rule) Garvey v. Static Media
D. Utah · 2023 · confidence medium
Buzznick, LLC and Static Media, LLC (“Mot. for Att’y Fees”), ECF No. 21, filed June 14, 2023. 2 Generally, “attorney’s fees may not be awarded without a hearing to determine the amount.” Hunt v. Inter-Globe Energy, Inc., 770 F.2d 145, 148 (10th Cir. 1985).
Retrieving the full opinion text from the archive…
H.B. HUNT and Lola N. Hunt, Plaintiffs-Appellees,
v.
INTER-GLOBE ENERGY, INC., Defendant, John A. Corrente, Defendant-Appellant, Forest N. Simon, Defendant, Third-Party Plaintiff, Glenda Perry Simon, Third-Party Defendant
84-2687.
Court of Appeals for the Third Circuit.
Aug 9, 1985.
770 F.2d 145
John A. Corrente, pro se., John C. Condren, Palmer, Wilson, Condren, Keirsey & Harper, Oklahoma City, for plaintiffs-appellees.
Logan, Moore, Baldock.
Cited by 144 opinions  |  Published
PER CURIAM.

This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). The cause is therefore ordered submitted without oral argument.

This is an appeal from an order of the district court denying defendant John A. Corrente’s motion to vacate a default judgment. On April 1, 1983, plaintiffs H.B. Hunt and Lola N. Hunt filed an action in the United States District Court for the Western District of Oklahoma against defendants Inter-Globe Energy, Inc. (an Oklahoma corporation), John A. Corrente, and Forest N. Simon. Plaintiffs asserted that these defendants engaged in common law fraud and various breaches of state and federal securities laws including, in particular, violation of § 10(b) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.-10b-5. These alleged violations occurred in connection with plaintiffs’ purchase of fractional working interests in oil and gas leases from defendants.

Plaintiffs were unable to serve the summons and complaint upon Corrente, despite their diligent efforts. Consequently, the district court authorized service by publication. When Corrente failed to plead or otherwise defend, the clerk of the district court entered a default judgment pursuant to Fed.R.Civ.P. 55(a). The district court subsequently entered default judgment for plaintiffs against Corrente for the amounts sought in their complaint: plaintiffs’ investment of $30,000 plus interest, attorney’s fees, court expenses, and punitive damages in the amount of $300,000. Defendant Simon was served and defended the case asserted against him. In March 1984, after trial, a jury awarded plaintiffs $30,000 actual damages, but no punitive[*147] damages, against Simon on the Rule 10b-5 claim.

In September 1984, Corrente filed the motion to vacate judgment that is the subject of this appeal. Corrente argued that the default judgment rendered against him was void, apparently seeking relief under Fed.R.Civ.P. 60(b)(4).

In the district court Corrente raised three challenges to service by publication: (1) that plaintiffs were required to serve him personally by reason of the provisions of 15 U.S.C. §§ 77v(a) and 78aa; (2) that plaintiffs improperly relied on state law to obtain service by publication; and (3) that plaintiffs failed to exercise due diligence in attempting to obtain service of process. Finally, Corrente argued that the default judgment should not have been entered against him until the matter had been adjudicated with regard to all defendants.

Service of process by publication was proper in this case. Fed.R.Civ.P. 4(c)(2)(C)(i) provides that service may be obtained pursuant to the law of the state in which the district court is held. Oklahoma law permits service by publication provided that plaintiff satisfies the procedural rules set forth in Okla.Stat.Ann. tit. 12, § 170.6 (1978) (repealed Nov. 1, 1984) (revised version appears at Okla.Stat.Ann. tit. 12,

§ 2004). Plaintiffs made an adequate showing of due diligence in their attempts to serve process upon Corrente. The procedural steps outlined under Oklahoma law were carefully followed. See Okla.Stat. tit. 12, §§ 170.6, 173, and 174 (1978) (repealed). Corrente’s first three arguments are without merit.

Corrente’s final argument requires greater attention in light of the case of Frow v. DeLaVega, 82 U.S. (15 Wall.) 552, 21 L.Ed. 60 (1872). The general rule of Frow is described as follows: “when one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted.” 10 C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 2690, at 455-56 (1983).

In Frow, the plaintiff brought an action against Frow and thirteen other defendants, charging eight of them, including Frow, with a joint conspiracy to defraud the plaintiff out of a tract of land. 82 U.S. at 553. Frow failed to answer timely, and a decree pro confesso was taken against him. The district court subsequently entered a final decree adjudging the title of the land to be in the plaintiff and awarding a permanent injunction against defendant Frow. After the entry of the final decree against Frow, the court proceeded to try the case and decided the merits of the cause adversely to plaintiff and dismissed the complaint. Id. at 554.

On appeal, the Supreme Court reversed the default judgment against Frow, concluding that when multiple defendants are alleged to be jointly liable and fewer than all defendants default, the district court may not render a liability determination as to the defaulting parties unless and until the remaining defendants are found liable on the merits: Id. at 554. This' result avoids inconsistent liability determinations among joint tortfeasors.

Several modern eases have recognized and applied the rule of consistency established by Frow. See, e.g., United States v. Peerless Insurance Co., 374 F.2d 942, 944-45 (4th Cir.1967) (joint and several liability); Exquisite Form Industries Inc. v. Exquisite Fabrics of London, 378 F.Supp. 403, 416 (S.D.N.Y.1974) (joint liability).

Plaintiffs contest Frow’s applicability when, as here, multiple defendants are allegedly jointly and severally liable. One circuit has rejected Frow’s relevance in such a situation. See In re Uranium Antitrust Litigation, 617 F.2d 1248, 1256-58 (7th Cir.1980). But that same case held that while severally liable parties could be subjected to independent default judgments, because they were jointly liable for damages there could be no differing damage awards:

“Just as the several or independent nature of plaintiff’s claim permits different[*148] findings as to liability of individual defendants, the joint nature of plaintiffs’ claim prohibits different findings as to damages against all defendants.
[Plaintiff’s argument that judgments in differing amounts are permissible] ignores the fact that those defendants ultimately found liable are jointly liable for the entire damage award, and that [plaintiff] could look to any one defendant for full satisfaction of the damage award.
[Plaintiff] may not split its claim and proceed to damages against the defaulters and then proceed to a separate damages award against the answering defendants. [Plaintiff] has chosen to initiate a single claim involving joint liability. That claim must be concluded just as it began — as one action.”

617 F.2d at 1262 (footnote omitted).

Whether or not Frow is controlling, we agree with the Seventh Circuit that just as consistent verdict determinations are essential among joint tortfeasors, consistent damage awards on the same claim are essential among joint and several tortfeasors. See Dundee Cement Co. v. Howard Pipe & Concrete Products, Inc., 722 F.2d 1319, 1324 (7th Cir.1983). Otherwise, plaintiffs armed with joint and several liability on a single claim could seek to execute on a larger damage award from a party against whom the court awarded a much smaller damage verdict — the situation that occurred here.

Further, we have held that a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation. Venable v. Haislip, 721 F.2d 297, 300 (10th Cir.1983). Similarly, attorney’s fees may not be awarded without a hearing to determine the amount. Id. Fed.R.Civ.P. 55(b) provides that “the court may conduct such hearings or order such references as it deems necessary” in order to “determine the amount of damages.” Here the record is devoid of any indication that the court conducted such a hearing.

We reverse the district court’s judgment denying vacation of default and remand with instructions to reduce the default judgment to an amount consistent with the adjudication of liability and damages against defendant Simon. The court should determine the attorney’s fees and recoverable expenses, other than court costs, only after a Rule 55(b) hearing.

REVERSED AND REMANDED.