Zaldivar v. Florida Dep't of Fin. Servs., 225 So. 3d 989 (Fla. 3d DCA 2017). · Go Syfert
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Zaldivar v. Florida Dep't of Fin. Servs., 225 So. 3d 989 (Fla. 3d DCA 2017). Cases Citing This Book View Copy Cite
“the failure to provide a defendant with notice and an opportunity to be heard where the damages are unliquidated is a due process violation and constitutes fundamental error requiring that such damages be set aside.”
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: LASHONDA YOUNG v. DOMINIQUE MOXEY (fladistctapp, 2021-12-15)
Top citers, strongest first. 5 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) LASHONDA YOUNG v. DOMINIQUE MOXEY
Fla. Dist. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
the failure to provide a defendant with notice and an opportunity to be heard where the damages are unliquidated is a due process violation and constitutes fundamental error requiring that such damages be set aside.
examined Cited as authority (quoted) City of Fellsmere, Florida v. Elias Almanza
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the liens attached to the complaint specified the daily accrual rates, and the calculation of the damages was based upon a simple arithmetical calculation, the damages were . . . liquidated damages.
discussed Cited as authority (rule) Trident Real Estate, Inc. v. Sonny & Ricardo, LLC (2×)
Fla. Dist. Ct. App. · 2025 · confidence medium
“It is well settled that a defaulting party ‘has a due process entitlement to notice and opportunity to be heard as to the presentation and evaluation of evidence necessary to a judicial determination of the amount of unliquidated damages.’” Cellular Warehouse, Inc. v. GH Cellular, LLC, 957 So. 2d 662, 666 (Fla. 3d DCA 2007) (citations omitted); Miami Beverly LLC 2 v. City of Miami, 225 So. 3d 989, 992 (Fla. 3d DCA 2017) (citing Watson v. Internet Billing Co., 882 So. 2d 533, 534-35 (Fla. 4th DCA 2004) (“Although a default was entered against the appellants, they would still be entit…
cited Cited "see" Lincoln Mews Condo Assoc. v. Harris
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Miami Beverly LLC v. City of Miami, 225 So. 3d 989, 992 (Fla. 3d DCA 2017).
discussed Cited "see" Janet Thornton v. Coffee County Board of Education (2×)
unknown court · 2018 · signal: see · confidence high
See Miami Beverly LLC v. City of Miami, 225 So.3d 989, 992 (Fla. Dist.
Retrieving the full opinion text from the archive…
Carlos Alberto ZALDIVAR
v.
FLORIDA DEPARTMENT OF FINANCIAL SERVICES
No. 3D17-694.
District Court of Appeal of Florida, Third District.
Sep 6, 2017.
225 So. 3d 989
Howard J. Hochman; Bruce S. Rogow (Fort Lauderdale), for petitioner., Chasity O’Steen, General Counsel, and Matthew Daley, Assistant General Counsel (Tallahassee), for respondent.
Emas, Fernandez, Luck.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: District Court of Appeal of Fl… (1)
PER CURIAM.

Petition denied. See §§ 626.611(2) and 626.207(2), Fla. Stat. (2017); Bethencourt-Miranda v. State, Dept. of Health, 910 So.2d 927 (Fla. 1st DCA 2005); Grantham v. Gunter, 498 So.2d 1328 (Fla. 4th DCA 1986).