State Farm Mutual Automobile Insurance Co. v. Middleton

District Court of Appeal of Florida

State Farm Mutual Automobile Insurance Co. v. Middleton

802 So. 2d 516, 2001 Fla. App. LEXIS 18555, 2001 WL 1671344

CourtDistrict Court of Appeal of Florida

DecidedDecember 26, 2001

DocketNo. 3D00-1879

StatusPublished

This text of 802 So. 2d 516 (State Farm Mutual Automobile Insurance Co. v. Middleton) 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.

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State Farm Mutual Automobile Insurance Co. v. Middleton, 802 So. 2d 516, 2001 Fla. App. LEXIS 18555, 2001 WL 1671344 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

State Farm Mutual Automobile Insurance Company appeals from a final judgment. For the following reasons, and based upon the appellees’ proper and commendable confession of error, we affirm in part and reverse in part.

The trial court erred in denying the insurer’s motion to set off liability pay[517]*517ments made to the plaintiffs/appellees prior to trial. See Allstate Ins. Co. v. Morales, 533 So.2d 952 (Fla. 5th DCA 1988); § 627.727(1), Fla. Stat. (1997). Accordingly, we affirm the final judgment awarding damages to plaintiffs, but reverse the trial court’s denial of the motion for set-off and remand for further proceedings consistent with this opinion.

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PER CURIAM.

State Farm Mutual Automobile Insurance Company appeals from a final judgment. For the following reasons, and based upon the appellees’ proper and commendable confession of error, we affirm in part and reverse in part.

The trial court erred in denying the insurer’s motion to set off liability pay[517]*517ments made to the plaintiffs/appellees prior to trial. See Allstate Ins. Co. v. Morales, 533 So.2d 952 (Fla. 5th DCA 1988); § 627.727(1), Fla. Stat. (1997). Accordingly, we affirm the final judgment awarding damages to plaintiffs, but reverse the trial court’s denial of the motion for set-off and remand for further proceedings consistent with this opinion.

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802 So. 2d 516, 2001 Fla. App. LEXIS 18555, 2001 WL 1671344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-co-v-middleton-fladistctapp-2001.

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