Coral Gables, FL — January 8, 2026 — Last month, attorneys Jocelyne A. Macelloni and Ali S. Iftikhar secured an important win in the Third District Court of Appeals when the Court reversed the lower court’s denial of a Motion to Set Aside Default Final Judgment and vacated the Default Final Judgment entered against a longtime client of the firm.
Barakat + Bossa argued that the Default Final Judgment that had been entered against its client, Trident Real Estate, Inc. (“Trident”), was improper because it included an award of unliquidated damages. The Plaintiffs alleged various claims against Trident sounding in negligence and fraud. Since none of the claims arose from any contract between the parties, there was no actual calculable way (i.e, mathematical formula) to determine the amount of money owed to the Plaintiffs, no evidence of the Plaintiffs’ damages were presented to the Court prior to entry of the Default Final Judgment, and no notice of a hearing and opportunity to be heard was ever provided to Trident.
The Third District Court of Appeal agreed with Barakat + Bossa and rendered an opinion — authored by Judge Norma Lindsey in concurrence with Judge Thomas Logue and Judge Kansas Gooden — that entry of the Default Final Judgment was in clear violation of Florida law and ran contrary to the principles of due process. The Court found that the damages awarded to Plaintiffs could not be “ascertained with exactness and are unliquidated” and that the lower court “did not (and could not) ascertain damages by arithmetical calculation or through application of definite rules of law” and instead solely relied “on an unsubstantiated affidavit” as the only proof of damages. “It’s the first time in my career that an appellate win came with a full written opinion,” Iftikhar said. “Appellate courts often rule on matters with a simple ‘affirmed’ or ‘reversed,’ so it was particularly rewarding to see the court take the time to articulate its reasoning.”
The result here is a significant one as it upholds the procedural and principled application of Florida law and the rules of civil procedure when it comes to obtaining a final judgment by default. In this instance, the client benefited from the firm’s extensive knowledge in this area, and Barakat + Bossa was able to ensure that Trident’s rights were protected, and it would not have to unfairly pay improperly determined damages. The appellate briefing was the product of a collaborative effort by the Barakat + Bossa appellate team, led by Partner Jocelyne A. Macelloni and Senior Attorney Ali S. Iftikhar, with significant research and drafting contributions from Associate Attorney Barış Han Özkan.
The case is Trident Real Estate, Inc. v. Sonny & Ricardo, LLC et al., Case No. 3D2025-0116.
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Barakat + Bossa is a Chambers-ranked international business law firm trusted by entrepreneurs, privately held companies, and multinational corporations for more than two decades. The firm is renowned for its strategic, results-driven counsel in high-stakes legal matters. With a multicultural team fluent in more than a dozen languages, Barakat + Bossa helps clients navigate the U.S. legal market with clarity and confidence, serving businesses in Florida and around the world, including Europe, Asia, and Latin America.
Guided by its philosophy—Trained to Protect + Win—the firm combines deep legal expertise, relentless preparation, and a culture of scholarship and innovation. Its attorneys are recognized leaders in their fields and are committed to staying at the forefront of business law through publishing, teaching, and advanced training.
