Narrative Opinion Summary
American Home Assurance Company appealed a Final Judgment favoring Rosen Building Supplies, Inc. Rosen confessed error regarding the main appeal, leading to the reversal of the Final Judgment and the award of fees, costs, and pre-judgment interest. The case is remanded to the trial court to reduce the Final Judgment by $85,324.13 and to reassess attorney’s fees, costs, and pre-judgment interest. Rosen's cross-appeal was found to have no merit, and that aspect was affirmed. The overall decision is reversed.
Legal Issues Addressed
Appellate Review of Confessed Errorsubscribe to see similar legal issues
Application: The appellate court accepted the confession of error by Rosen Building Supplies, Inc. regarding the main appeal, necessitating the reversal of the Final Judgment.
Reasoning: Rosen confessed error regarding the main appeal, leading to the reversal of the Final Judgment and the award of fees, costs, and pre-judgment interest.
Cross-Appeal Reviewsubscribe to see similar legal issues
Application: The appellate court found no merit in Rosen's cross-appeal, thereby affirming the decision on that aspect.
Reasoning: Rosen's cross-appeal was found to have no merit, and that aspect was affirmed.
Modification of Final Judgmentsubscribe to see similar legal issues
Application: The appellate court instructed the trial court to reduce the Final Judgment by a specified amount due to the confession of error.
Reasoning: The case is remanded to the trial court to reduce the Final Judgment by $85,324.13 and to reassess attorney’s fees, costs, and pre-judgment interest.
Reassessment of Attorney’s Fees and Costssubscribe to see similar legal issues
Application: The trial court is mandated to reassess attorney’s fees, costs, and pre-judgment interest following the reduction in the Final Judgment.
Reasoning: The case is remanded to the trial court to reduce the Final Judgment by $85,324.13 and to reassess attorney’s fees, costs, and pre-judgment interest.