AMERSHAM ENTERPRISES, INC.
v.
CARLOS HAKIM-DACCACH

Fla. 3d DCA | 2024-04-17
No. 2022-2095
2024 FL 4336 Florida District Court of Appeal, Third District (2024)

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Synopsis

Amersham Enterprises and related entities appealed a final judgment in favor of Dr. Carlos Hakim-Daccach. The appellate court accepted the appellee's confession of error regarding setoff and reversed the judgment on that issue while affirming all other aspects, remanding for further proceedings.


Holding

The court accepted the appellee's confession of error as to the issue of setoff and reversed the final judgment on that issue, remanding for further proceedings consistent with the appellate court's opinion. The judgment was affirmed in all other respects.


Headnotes

[1] A party's confession of error regarding a legal issue may be accepted by an appellate court to reverse a trial court's judgment on that issue.

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Key Quotes

“Based upon Appellee's commendable confession of error as to the issue of setoff, and our independent review of the record, we accept the confession of error and reverse the final judgement for further proceedings consistent therewith.”

This quote establishes the court's basis for reversal on the setoff issue based on the appellee's admission of error.

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Facts & Procedural History

The case involved a dispute between Amersham Enterprises, Inc. and related corporate entities against Dr. Carlos Hakim-Daccach. The trial court render…

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Opinion of the Court

PER CURIAM.

Appellants Jorge Hakim-Tawil, Amersham Enterprises, Inc., Arkata Investments, Inc., Gyptec, S.A., n/k/a Violet Investment Corp. S.A. En Liquidacion, Leinster Garden Assets, Inc., and Ukiah International Corp. appeal the trial court’s final judgment, rendered on November 4, 2022, in favor of Appellee Dr. Carlos Hakim-Daccach. Based upon Appellee’s commendable confession of error as to the issue of setoff, and our independent review of the record, we accept the confession of error and reverse the final judgement for further proceedings consistent therewith. The final judgment is affirmed in all other respects.

Affirmed in part; reversed in part and remanded for further proceedings consistent with this opinion.


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