American Home v. Rosen Bldg. Supls

Full title: AMERICAN HOME ASSURANCE CO., Appellant, v. ROSEN BUILDING SUPPLIES, INC.…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 11, 2003

854 So. 2d 666 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-2230.

Opinion filed June 11, 2003.

An Appeal from the Circuit Court for Dade County, Bernard S. Shapiro, Judge. Lower Tribunal No. 01-19819.

Siegfried, Rivera, Lerner De La Torre Sobel and Stuart H. Sobel; H. Hugh McConnell, for appellant.

Podhurst Orseck and Joel S. Perwin, for appellee.

Before LEVY, RAMIREZ, and WELLS, JJ.

PER CURIAM.

American Home Assurance Company appeals from a Final Judgment in favor of Rosen Building Supplies, Inc. d/b/a Rosen Materials ("Rosen"). Rosen cross-appeals from the Final Judgment.

Based upon Rosen's proper confession of error on the main appeal, we reverse the Final Judgment and set aside the Judgment Awarding Fees, Costs and Pre-Judgment Interest. Accordingly, this case is reversed and remanded to the trial court to reduce the Final Judgment by $85,324.13 and for a new determination of attorney's fees, costs, and pre-judgment interest. We conclude that Rosen's cross-appeal has no merit and affirm on that issue.

Reversed.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.