IGLESIAS AND SANTANA
v.
WEINGARTEN OPINION SEPT 18
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Iglesias and Santana appealed a Final Judgment awarding damages to Weingarten for the tenants' default on a lease. The appellate court found that the trial court erred in not crediting the $2,750 advanced payment (comprising a security deposit and last month's rent) against the damages owed, and reversed and remanded for correction of this accounting error.
The trial court erred in not accounting for the $2,750 advanced payment. The Final Judgment must be reversed and remanded for the trial court to reduce the damages owed by $2,750 to reflect this set-off. All other issues raised by the tenants were without merit.
[1] A party is entitled to a set-off for payments advanced under a lease agreement when calculating damages for default.
[2] An appellate court may reverse a trial court's judgment and remand for modification when the trial court fails to account for an admitted error in calculating damages.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The sum of the damages awarded to Weingarten did not account for the $2,750.00 payment advanced to Weingarten by Iglesias and Santana, which covered $1,750.00 for the security deposit and $1,000.00 towards the last month's rent.”
Identifies the specific accounting error that was the basis for reversal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIglesias and Santana entered into a twelve-month lease with Weingarten. The tenants advanced $2,750 to Weingarten, which included $1,750 for the secur…
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Vassallo, Bilotta, Friedman & Davis 50 E. Ocean Blvd., Ste. 201 Stuart, Florida 34994 [email protected]
PER CURIAM.
Paul Anthony Iglesias and Carmen Batista Santana ("Iglesias and Santana") appeal the Final Judgment entered by the trial court, which awarded $14,292.98 in damages, plus $8,178.35 in attorney's fees and costs to Lori Weingarten ("Weingarten"), personal representative of the Estate of William T. Weingarten. The trial court awarded damages to Weingarten because Iglesias and Santana defaulted on their twelve-month lease agreement. The sum of the damages awarded to Weingarten did not account for the $2,750.00 payment advanced to Weingarten by Iglesias and Santana, which covered $1,750.00 for the security deposit and $1,000.00 towards the last month's rent. Iglesias and Santana argue that this was in error and that the Final Judgment should be reduced by $2,750.00 to reflect their advanced payment. Weingarten concedes the error. We agree, and REVERSE the Final Judgment and REMAND for the trial court to reduce the amount of damages owed by Iglesias and Santana to include the set-off of $2,750.00. We find no merit in any other issue set forth by Iglesias and Santana and therefore AFFIRM the Final Judgment in all other respects.
The Court may award attorney's fees to the party in whose favor a judgment or decree has been rendered, pursuant to the lease and section 83.48, Florida Statutes (2018). Both parties to this appeal have only partially prevailed and, as such, we DENY Weingarten's Motion for Appellate Attorney's Fees.
ARTAU, BLANC, FRENCH, JJ., concur. Page 2 of 2 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
PAUL ANTHONY IGLESIAS and, CARMEN BATISTA SAΝΤΑΝΑ, Appellants,
V.
LORI WEINGARTEN, Personal Representative of THE ESTATE OF WILLIAM T. WEINGARTEN, Deceased, Appellee.
APPELLATE DIVISION (CIVIL): AY CASE NO.: 502018AP000028CAXXMB L.T. NO.: 502017CC007031XXXXNB
Opinion/Decision filed: DEC 1 1 2018