TT OF INDIAN RIVER, INC.
v.
FORTSON

Fla. 5th DCA | 2018-02-02
No. Case No. 5D16–3487
243 So. 3d 478 Florida District Court of Appeal, Fifth District (2018)

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Holding

When an appellee confesses error, the appellate court reverses the appealed order and remands for further proceedings in the trial court.


Headnotes

[1] When an appellee confesses error in a trial court order, the appellate court will reverse and remand the matter for further proceedings without further examination of the…

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Facts & Procedural History

TT of Indian River, Inc., a Mercedes Benz dealership, appealed a circuit court order on its amended motion for attorney's fees. The case involved appe…

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Opinion of the Court

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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