TT OF INDIAN RIVER
v.
FORTSON
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Upon confession of error by the defendant, the order on plaintiff's amended motion for attorney's fees was reversed and the matter remanded for further proceedings.
[1] When a party confesses error in an appellate proceeding, the appellate court will reverse the trial court's judgment on the matter of confessed error and remand for furth…
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Join FLexlaw to unlock all legal intelligenceTT of Indian River, Inc. (Mercedes Benz of Melbourne) appealed an order regarding attorney's fees in a dispute with Heidi Fortson and James C. Dorman.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
TT OF INDIAN RIVER, INC. D/B/A MERCEDES BENZ OF MELBOURNE,
Appellant,
v. Case No. 5D16-3487
HEIDI FORTSON AND JAMES C. DORMAN,
Appellees. /
Opinion filed February 2, 2018
Appeal from the Circuit Court for Brevard County, George W. Maxwell III, Judge.
Richard A. Sherman, Sr. and James W. Sherman, of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Chris Killer and Todd Bohnenstiehl, of the Law Offices of J. Christopher Norris, Orlando, for Appellant. Mark S. Roman and Morgan L. Gaynor, of Roman & Gaynor, Clearwater, Douglas R. Beam, of Douglas R. Beam, P.A., Melbourne, and Celene H. Humphries and Shea T. Moxon, of Brannock & Humphries, Tampa, for Appellee, Heidi Fortson. No appearance for Appellee, James C. Dorman.
ON CONFESSION OF ERROR
PER CURIAM.
Pursuant to Heidi Fortson’s Confession of Error, we reverse the Order on
Plaintiff’s Amended Motion for Attorney’s Fees and remand this matter to the trial court
for further proceedings. See Moore v. Leisure Pool Serv., Inc., 412 So. 2d 392 (Fla. 5th
DCA 1982).
REVERSED and REMANDED. SAWAYA, ORFINGER, and LAMBERT, JJ., concur.
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