02-2230 AMERICAN V. ROSEN

State: Florida

Court: Florida Third District Court

Docket No: 02-2230 AMERICAN V. ROSEN

Case Date: 06/11/2003

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

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 2003

AMERICAN HOME ASSURANCE CO., Appellant, vs.

** ** ** CASE NO. 3D02-2230 LOWER TRIBUNAL NO. 01-19819

ROSEN BUILDING SUPPLIES, INC.,** Appellee. **

Opinion filed June 11, 2003. An Appeal from the Circuit Court for Dade County, Bernard S. Shapiro, Judge. 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.

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