04-1095 S&J V. ARCHER-EDWARDS

State: Florida

Court: Florida Third District Court

Docket No: 04-1095 S&J V. ARCHER-EDWARDS

Case Date: 11/24/2004

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 JULY TERM, A.D. 2004 S&J ENTERPRISES OF FT. LAUDERDALE, INC., Appellant, vs. ARCHER-EDWARDS CORPORATION, Appellee. ** Opinion filed November 24, 2004. An Appeal from the Circuit Court for Miami-Dade County, Stuart M. Simons, Judge. Shutts & Bowen and Joseph M. Goldstein and Temple F. Kearns (Ft. Lauderdale), for appellant. Welbaum Guernsey Hingston Greenleaf Gregory Black & Rune and Robert A. Hingston, for appellee. Before GREEN, FLETCHER and RAMIREZ, JJ. PER CURIAM. This appeal arises from a dispute by both parties to a design-build contract, each party claiming that the other ** ** ** ** ** LOWER TRIBUNAL CASE NO. 04-1235 CASE NO. 3D04-1095

breached the terms of their agreement.

The arbitrator found

that Archer-Edwards Corporation breached the contract, based on which the arbitrator awarded certain damages to S&J Enterprises of Fort Lauderdale, vacated Inc. by The the complete lower arbitration at award was

subsequently request.

court

Archer-Edward's

After fully reviewing the arbitration award, we reverse the trial court's ruling with regard to the issue of liability, but affirm on the issue of damages. The trial court is directed to

return the case to the arbitrator to determine the measure of damages and for a complete calculation of such damages. Affirmed instructions. in part, reversed in part, and remanded with

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