Cathcart v. P&S Paving

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CATHCART CONTRACTING COMPANY, ET AL., Appellants, v. Case No. 5D13-1883 P&S PAVING, INC. AND WESTERN SURETY COMPANY, Appellees. ________________________________/ Opinion filed October 24, 2014 Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge. Bryan L. Capps, of Moye, O'Brien, O'Rourke, Pickert & Dillon, LLP, Maitland, for Appellants. Peter B. Heebner, John N. Upchurch, and J. Steven Garthe, of Heebner, Baggett, Upchurch & Garthe, P.L., Daytona Beach, for Appellees. 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 judgment 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. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.