Opinion
No. 1D01-2483.
May 7, 2002.
An Appeal from the Circuit Court for Duval County. Ellis T. Fernandez, Jr., Senior Judge.
R. Colt Kirkland of Blanchard, Merriam, Adel Kirkland, P.A., Ocala, for Appellant/Cross-Appellee.
Thomas E. Bishop, Reese J. Henderson, Jr., and Scott D. Makar of Holland Knight LLP, Jacksonville, for Appellees/Cross-Appellants.
In accordance with the argument made in appellee/cross-appellant Vestcor's cross-appeal, we reverse that portion of the amended final judgment which awards appellant/cross-appellee Premier a credit of $8,400.00 against the amount of damages sustained by Vestcor. The evidence supports a credit of only $5,000.00. Accordingly, the appropriate amount of the judgment in favor of Vestcor should be $87,615.81. In all other respects, the amended final judgment is supported by competent, substantial evidence and, therefore, will not be disturbed. We direct the trial court on remand to enter a second amended final judgment which is consistent with this opinion.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
ALLEN, C.J., MINER and WEBSTER, JJ., concur.