CONTINO V. BERGER

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 GREGORY CONTINO, ** Appellant, ** vs. ** CASE NO. TERRY ABRAMS BERGER, etc., ** LOWER TRIBUNAL NO. Appellee. 3D02-1864 00-5543 ** Opinion filed October 2, 2002. An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. The Mills Firm, and John S. Mills, for appellant. Lewis R. Cohen; Terry Abrams Berger; Liebler, Gonzalez, and Portuondo, and Juan A. Gonzalez, for appellee. Before LEVY, GREEN, and RAMIREZ, JJ. CONFESSION OF ERROR PER CURIAM. Based on appellee Terry Abrams Berger s proper confession of error filed in this cause, we reverse the final judgment entered after default and remand the cause to the trial court for further proceedings consistent with Sanchez v. Brumm, 706 So. 2d 886 (Fla. 3d DCA 1998)(due process requires notice and opportunity to be heard prior to the entry of judgment after default when damages claimed are unliquidated). Reversed and remanded.

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