Florida District Courts of Appeal, 2001

State Farm Mutual Automobile Insurance Co. v. Middleton

State Farm Mutual Automobile Insurance Co. v. Middleton
Florida District Courts of Appeal · Decided December 26, 2001 · Jorgenson, Levy, Shevin
802 So. 2d 516; 2001 Fla. App. LEXIS 18555; 2001 WL 1671344 (Southern Reporter, Second Series)

State Farm Mutual Automobile Insurance Co. v. Middleton

Opinion of the Court

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*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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