ANGEL HOME HEALTH CARE, INC. APPELLANT,
v.
MEDERI OF DADE COUNTY, INC., APPELLEE
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The court held that separate judgments should not be entered when a set-off is appropriate to avoid injustice, especially if one party is insolvent.
Angel Home sued Mederi for services rendered, and Mederi counterclaimed for breach of contract and fraud. A jury awarded damages to both parties. Ange…
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PER CURIAM.
Angel Home Health Care, Inc. (Angel Home), appeals an order denying its motion to clarify or set aside final judgment.
Angel Home sued Mederi of Dade County, Inc. (Mederi), in a breach of contract action for collection of home health, nursing and physical therapy services rendered to Med-eri. Mederi counterclaimed for breach of contract and fraud. On June 12, 1996, the jury found that Mederi breached its contract and awarded Angel Home damages in the amount of $45,459.33. The jury found against Angel Home on the counterclaim for fraud and awarded Mederi damages in the amount of $6,432.00.
Angel Home proposed a final judgment wherein the amount awarded to it was set off by the amount awarded to Mederi. Mederi proposed two final judgments, one on the complaint and one on the counterclaim. On December 6,1996, the trial court entered the separate judgments proposed by Mederi. On December 13, 1996, the trial court denied Angel Home’s “Amended Emergency Motion for Clarification, or Alternatively, Motion to Set Aside Final Judgment Entered on December 6, 1996 and Enter Final Judgment” that sought a set-off for a net judgment in the amount of $39,027.33. On January 13, 1997, Angel Home filed a notice of appeal of the non-final order rendered December 13, 1996.
Angel Home persuasively argues that the two final judgments entered in this case will result in a great injustice if, as it appears possible, Mederi is insolvent. If this is the case, Mederi would be entitled to collect on its judgment of $6,432.00 while Angel Home would be unable to collect on its greater judgment. Such a result would be totally absurd.
We reverse the denial of Angel Home’s motion to enter a judgment for the net amount it is owed and remand with directions that judgment be entered in favor of Angel Home in the amount of $39,027.33.
Reversed and remanded.
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Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034 (Fla. 2d DCA 2013)…judgment. A result allowing Mechanik Nuccio to collect more than $355,000 from the Tubbses based on a derivative right of Mechanik Nuccio’s client, RC Highlands, “would be totally absurd.” Angel Home Health Care, Inc. v. Mederi of Dade Cnty., Inc., 696 So. 2d 487, 488 (Fla. 3d DCA 1997). For these reasons, the Tubbses were entitled to set off their much greater judgment against the award in favor of Mechanik Nuccio to the extent necessary to reduce their liability to Mechanik Nuccio to zero. See Nationwide M…
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Nationwide Mut. Fire Ins. Co. v. Maida Solano Voigt, 21 So. 3d 895 (Fla. 2d DCA 2009)…7, 1038-39 (Fla. 2d DCA 2008) (recognizing the propriety of setting off a separate fees and costs order in favor of the tenant against a judgment for unpaid rent in favor of the landlord); Angel Home Health Care, Inc. v. Mederi of Dade County, Inc., 696 So. 2d 487, 488 (Fla. 3d DCA 1997) (reversing and remanding for entry of a net judgment rather than a judgment for damages for breach of contract in favor of the plaintiff and a separate judgment on a counterclaim for damages for fraud in favor of the defendan…
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Law-Yue v. Miami River, L.L.C., 50 So. 3d 620 (Fla. 3d DCA 2010)…7, 1038-39 (Fla. 2d DCA 2008) (recognizing the propriety of setting off a separate fees and costs order in favor of the tenant against a judgment for unpaid rent in favor of the landlord); Angel Home Health Care, Inc. v. Mederi of Dade County, Inc., 696 So. 2d 487, 488 (Fla. 3d DCA 1997) (reversing and remanding for entry of a net judgment rather than a judgment for damages for breach of contract in favor of the plaintiff and a separate judgment on a counterclaim for damages for fraud in favor of the defendan…
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