STATE FARM V. MIDDLETON
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ** ** Appellant, CASE NO. 3D00-1879 ** vs. LOWER TRIBUNAL NO. 97-772 ** ANNITA D. MIDDLETON and JAMES E. MIDDLETON, her husband, ** Appellees. ** Opinion filed December 26, 2001. An Appeal Donner, Judge. from the Circuit Court for Dade County, Amy Steele Luis E. Ordoñez & Associates and Frances F. Guasch, for appellant. Ginsberg appellees. & Schwartz and Arnold R. Ginsberg; Jon W. Burke, for Before JORGENSON, LEVY, and SHEVIN, JJ. PER CURIAM. State final Farm judgment. Mutual For Automobile the Insurance following Company reasons, and appeals based from upon a 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 See § payments made to the plaintiffs/appellees prior to trial. Allstate Ins. Co. v. Morales, 533 So. 2d 952 (Fla. 5th DCA 1988); 627.727(1), judgment denial Fla. awarding of the Stat. damages motion (1997). to for Accordingly, plaintiffs, set-off and consistent with this opinion. -2- we affirm but reverse the remand for further the trial final court's proceedings
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