Florida District Courts of Appeal, 2014

Cathcart Contracting Co. v. P & S Paving, Inc.

Cathcart Contracting Co. v. P & S Paving, Inc.
Florida District Courts of Appeal · Decided October 24, 2014 · Lambert, Lawson, Sawaya
161 So. 3d 558; 2014 Fla. App. LEXIS 17405; 2014 WL 5392969 (Southern Reporter, Third Series)

Cathcart Contracting Co. v. P & S Paving, Inc.

Opinion of the Court

PER CURIAM.

Appellants, Cathcart Contracting Company and Westfield Insurance Company, appeal the final judgment awarding damages to Appellees, P & S Paving, Inc. and Western Surety Company. Two issues are raised in this appeal, but only one warrants reversal. Although the amount claimed and pled in Appellees’ complaint was $288,643.85, the court entered judgment in the amount of $324,411.19. Because there is no substantial, competent evidence to support the award of $35,767.34 over the claimed amount of $288,643:85, we reverse that part of the *559judgment and remand to the trial court to enter judgment for $288,643.85.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

SAWAYA, LAWSON, and LAMBERT, JJ., concur.

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