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Premier Tile Roofing, Inc. v. Vestcor Construction Services, Inc.

Citations: 815 So. 2d 754; 2002 Fla. App. LEXIS 6116Docket: No. 1D01-2483

Court: District Court of Appeal of Florida; May 7, 2002; Florida; State Appellate Court

Narrative Opinion Summary

The court reversed the portion of the amended final judgment that granted Premier an $8,400 credit against Vestcor's damages, determining that only a $5,000 credit is justified based on the evidence. Consequently, the judgment amount in favor of Vestcor is adjusted to $87,615.81. The remainder of the amended final judgment, however, is upheld as it is supported by competent and substantial evidence. The trial court is instructed to issue a second amended final judgment reflecting these changes. The ruling is affirmed in part, reversed in part, and remanded with specific directions.

Legal Issues Addressed

Adjustment of Damages Award

Application: The court determined that the credit awarded to Premier was excessive and adjusted the damages awarded to Vestcor based on evidence presented.

Reasoning: The court reversed the portion of the amended final judgment that granted Premier an $8,400 credit against Vestcor's damages, determining that only a $5,000 credit is justified based on the evidence.

Court Directions on Remand

Application: The trial court is instructed to issue a second amended final judgment to reflect the changes determined by the appellate court.

Reasoning: The trial court is instructed to issue a second amended final judgment reflecting these changes.

Support of Judgment by Evidence

Application: The court upheld the remainder of the amended final judgment on the grounds that it was supported by competent and substantial evidence.

Reasoning: The remainder of the amended final judgment, however, is upheld as it is supported by competent and substantial evidence.