Travelers Cas. & Sur. Co. of America v. First Sealord Sur., Inc.

Full title: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Appellant, v. FIRST…

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 25, 2012

No. 4D10-4836 (Fla. Dist. Ct. App. Apr. 25, 2012)

Opinion

No. 4D10-4836

04-25-2012

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Appellant, v. FIRST SEALORD SURETY, INC. and CURRENT BUILDERS OF FLA., INC., Appellees.

Vincent F. Vaccarella and Jordan M. Keusch of Vincent F. Vaccarella, P.A., Fort Lauderdale, for appellant. John J. Shahady of Kopelowitz Ostrow Ferguson Weiselberg Keechl, Fort Lauderdale, for appellee First Sealord Surety, Inc.

DAMOORGIAN

, J.

Appellant, Travelers Casualty and Surety Company of America ("Travelers"), appeals an amended final judgment entered against it. The judgment was based upon a supersedeas bond issued by Travelers to secure payment of a judgment on an attorney's fees award entered against its principal, Current Builders of Florida, Inc. On appeal, Travelers argues that the trial court misapplied the terms of the bond and the applicable law. Alternatively, Travelers argues that, at a minimum, the judgment should be reversed with instructions to enter an amended judgment correcting a mathematical error in the amount. The judgment currently reflects an amount of $89,385.66 instead of the amount the trial court intended to award, which was the bond's penal sum of $87,385.66.

We affirm without discussion the trial court's application of the law to the facts. However, Travelers is correct as to the mathematical error and the trial court's findings that the bond's penal sum is $87,385.66. Accordingly, we remand for the trial court to correct the sum of the judgment against Travelers to reflect the penal sum of the bond in the amount of $87,385.66.

Affirmed in Part, Reversed in Part and Remanded. CIKLIN and GERBER, JJ., concur.

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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John Murphy, III, Judge; L.T. Case Nos. 04-12162 (21) and 04-17843 (02).

Vincent F. Vaccarella and Jordan M. Keusch of Vincent F. Vaccarella, P.A., Fort Lauderdale, for appellant.

John J. Shahady of Kopelowitz Ostrow Ferguson Weiselberg Keechl, Fort Lauderdale, for appellee First Sealord Surety, Inc.

Not final until disposition of timely filed motion for rehearing.