Opinion
No. 3D10-319.
October 13, 2010.
An Appeal from the Circuit Court for Miami-Dade County, John Schlesinger, Judge.
Billbrough Marks and Geoffrey B. Marks, Coral Gables, for appellant.
Alan P. Dagen, for appellee.
Before RAMIREZ, C.J., and GERSTEN and SALTER, JJ.
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.