D & J V. KEY WEST

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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 JANUARY TERM, A.D. 2003 D & J INDUSTRIES, INC., Appellant, vs. ** ** ** KEY WEST BEACH CLUB CONDOMINIUM ASSOCIATION NOS. 1 AND 2, INC., Appellee. CASE NO. 3D02-2099 ** ** ** LOWER TRIBUNAL NO. 99-134 Opinion filed June 18, 2003. An appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge. Charo Bolanos Ruiz, for appellant. R. Bruce Wallace, for appellee. Before COPE, SHEVIN and WELLS, JJ. PER CURIAM. D & J Industries, Inc. appeals an adverse final judgment after a bench trial. We conclude that the judgment is supported by competent substantial evidence. Merlot Communications, Inc. v. Shalev, 840 So. 2d 446 (Fla. 3d DCA 2003); Mazzella v. Greene, 802 So. 2d 458, 458 (Fla. 3d DCA 2001); Roberts Roofing Co. v. Smith, 605 So. 2d 167, 167 (Fla. 3d DCA 1992). The damage award is entirely appropriate under the circumstances of the case. Affirmed. 2

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