STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
ANNITA D. MIDDLETON AND JAMES E. MIDDLETON, HER HUSBAND, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed and remanded the final judgment of dissolution of marriage, finding that the trial court erred in imputing $40,000 in income to the husband without sufficient factual findings and in implying the husband should eliminate certain expenses for the children.
The court held that the trial court erred in imputing $40,000 in income to the husband without sufficient factual findings and that the record did not support a finding that the husband should eliminate certain expenses for the children.
The husband appealed the final judgment of dissolution of his marriage to the wife, arguing the trial court erred in imputing $40,000 in income to him…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
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 ments 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.