Cathcart Contracting Co. v. P & S Paving, Inc.

District Court of Appeal of Florida

Cathcart Contracting Co. v. P & S Paving, Inc.

161 So. 3d 558, 2014 Fla. App. LEXIS 17405, 2014 WL 5392969

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 2014

DocketNo. 5D13-1883

StatusPublished

This text of 161 So. 3d 558 (Cathcart Contracting Co. v. P & S Paving, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cathcart Contracting Co. v. P & S Paving, Inc., 161 So. 3d 558, 2014 Fla. App. LEXIS 17405, 2014 WL 5392969 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Appellants, Cathcart Contracting Company and Westfield Insurance Company, appeal the final judgment awarding damages to Appellees, P & S Paving, Inc. and Western Surety Company. Two issues are raised in this appeal, but only one warrants reversal. Although the amount claimed and pled in Appellees’ complaint was $288,643.85, the court entered judgment in the amount of $324,411.19. Because there is no substantial, competent evidence to support the award of $35,767.34 over the claimed amount of $288,643:85, we reverse that part of the [559]*559judgment and remand to the trial court to enter judgment for $288,643.85.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SAWAYA, LAWSON, and LAMBERT, JJ., concur.

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PER CURIAM.

Appellants, Cathcart Contracting Company and Westfield Insurance Company, appeal the final judgment awarding damages to Appellees, P & S Paving, Inc. and Western Surety Company. Two issues are raised in this appeal, but only one warrants reversal. Although the amount claimed and pled in Appellees’ complaint was $288,643.85, the court entered judgment in the amount of $324,411.19. Because there is no substantial, competent evidence to support the award of $35,767.34 over the claimed amount of $288,643:85, we reverse that part of the [559]*559judgment and remand to the trial court to enter judgment for $288,643.85.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SAWAYA, LAWSON, and LAMBERT, JJ., concur.

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Bluebook (online)

161 So. 3d 558, 2014 Fla. App. LEXIS 17405, 2014 WL 5392969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cathcart-contracting-co-v-p-s-paving-inc-fladistctapp-2014.