Florida District Courts of Appeal, 2003

Channel 68 Marina, Inc. v. Gilliams

Channel 68 Marina, Inc. v. Gilliams
Florida District Courts of Appeal · Decided April 16, 2003 · Shahood, Taylor, Warner
842 So. 2d 1017; 2003 Fla. App. LEXIS 5619; 2003 WL 1877678 (Southern Reporter, Second Series)

Channel 68 Marina, Inc. v. Gilliams

Opinion of the Court

PER CURIAM.

In this appeal appellants argue that the trial court erred in modifying the final judgment without a pending motion for relief under Florida Rule of Civil Procedure 1.540. Appellee agrees and concedes error. We therefore reverse and remand this cause for the trial court to order closing on the subject property and determine the amounts of any post-judgment monies for rent, interest, and penalties that may be owed or any credits that should be set-off between the parties.

REVERSED and REMANDED.

WARNER, SHAHOOD and TAYLOR, JJ., concur.

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