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Angel Home Health Care v. Mederi

District Court of Appeal of Florida, Third District
Jul 2, 1997
696 So. 2d 487 (Fla. Dist. Ct. App. 1997)

Summary

reversing and remanding with instructions to set off judgments where "the two final judgments entered in this case will result in a great injustice if, as it appears possible, Mederi is insolvent. If this is the case, Mederi would be entitled to collect on its judgment of $6,432.00 while Angel Home would be unable to collect on its greater judgment. Such a result would be totally absurd."

Summary of this case from Miami Dade Coll. v. Nader + Museu I, LLLP

Opinion

Case No. 97-123

Opinion filed July 2, 1997.

An Appeal from the Circuit Court for Dade County, W. Thomas Spencer, Judge.

Richard J. Diaz and Frank M. Marks, for appellant.

Brian R. Hersh, for appellee.

Before NESBITT, GREEN and SORONDO, JJ.


Angel Home Health Care, Inc. (Angel Home), appeals an order denying its motion to clarify or set aside final judgment.

Angel Home sued Mederi of Dade County, Inc. (Mederi), in a breach of contract action for collection of home health, nursing and physical therapy services rendered to Mederi. Mederi counterclaimed for breach of contract and fraud. On June 12, 1996, the jury found that Mederi breached its contract and awarded Angel Home damages in the amount of $45,459.33. The jury found against Angel Home on the counterclaim for fraud and awarded Mederi damages in the amount of $6,432.00.

Angel Home proposed a final judgment wherein the amount awarded to it was set off by the amount awarded to Mederi. Mederi proposed two final judgments, one on the complaint and one on the counterclaim. On December 6, 1996, the trial court entered the separate judgments proposed by Mederi. On December 13, 1996, the trial court denied Angel Home's "Amended Emergency Motion for Clarification, or Alternatively, Motion to Set Aside Final Judgment Entered on December 6, 1996 and Enter Final Judgment" that sought a set-off for a net judgment in the amount of $39,027.33. On January 13, 1997, Angel Home filed a notice of appeal of the non-final order rendered December 13, 1996.

Angel Home persuasively argues that the two final judgments entered in this case will result in a great injustice if, as it appears possible, Mederi is insolvent. If this is the case, Mederi would be entitled to collect on its judgment of $6,432.00 while Angel Home would be unable to collect on its greater judgment. Such a result would be totally absurd.

We reverse the denial of Angel Home's motion to enter a judgment for the net amount it is owed and remand with directions that judgment be entered in favor of Angel Home in the amount of $39,027.33.

Reversed and remanded.


Summaries of

Angel Home Health Care v. Mederi

District Court of Appeal of Florida, Third District
Jul 2, 1997
696 So. 2d 487 (Fla. Dist. Ct. App. 1997)

reversing and remanding with instructions to set off judgments where "the two final judgments entered in this case will result in a great injustice if, as it appears possible, Mederi is insolvent. If this is the case, Mederi would be entitled to collect on its judgment of $6,432.00 while Angel Home would be unable to collect on its greater judgment. Such a result would be totally absurd."

Summary of this case from Miami Dade Coll. v. Nader + Museu I, LLLP

reversing and remanding for entry of a net judgment rather than a judgment for damages for breach of contract in favor of the plaintiff and a separate judgment on a counterclaim for damages for fraud in favor of the defendant

Summary of this case from Law-Yue v. Miami River, L.L.C

reversing and remanding for entry of a net judgment rather than a judgment for damages for breach of contract in favor of the plaintiff and a separate judgment on a counterclaim for damages for fraud in favor of the defendant

Summary of this case from Nationwide Mut. Fire Ins. Co. v. Voigt

In Angel Home Health Care, Inc. v. Mederi of Dade County, Inc., 696 So.2d 487, 488 (Fla. 3d DCA 1997), Angel Home sued Mederi—a nearly insolvent defendant—for breach of contract, and Mederi counterclaimed for fraud. The jury returned a $45,459.

Summary of this case from Brook v. Chase Bank (Usa), N.A. (In re Acosta-Garriga)

remanding for entry of net judgment where separate judgments could give rise to the "totally absurd" result of insolvent net loser collecting from solvent net winner

Summary of this case from Langerman Law Offices v. Glen Eagles
Case details for

Angel Home Health Care v. Mederi

Case Details

Full title:ANGEL HOME HEALTH CARE, INC. APPELLANT, vs. MEDERI OF DADE COUNTY, INC.…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 2, 1997

Citations

696 So. 2d 487 (Fla. Dist. Ct. App. 1997)

Citing Cases

Brook v. Chase Bank (Usa), N.A. (In re Acosta-Garriga)

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A result allowing Mechanik Nuccio to collect more than $355,000 from the Tubbses based on a derivative right…