S&J V. ARCHER-EDWARDS

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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. 2004 S&J ENTERPRISES OF FT. LAUDERDALE, INC., ** ** Appellant, ** vs. CASE NO. 3D04-1095 ** ARCHER-EDWARDS CORPORATION, ** Appellee. LOWER TRIBUNAL CASE NO. 04-1235 ** Opinion filed November 24, 2004. An Appeal from the Circuit Court for Miami-Dade County, Stuart M. Simons, Judge. Shutts & Bowen and Joseph M. Goldstein and Temple F. Kearns (Ft. Lauderdale), for appellant. Welbaum Guernsey Hingston Greenleaf Gregory Black & Rune and Robert A. Hingston, for appellee. Before GREEN, FLETCHER and RAMIREZ, JJ. PER CURIAM. This appeal arises from a dispute by both parties to a design-build contract, each party claiming that the other breached the terms of their agreement. The arbitrator found that Archer-Edwards Corporation breached the contract, based on which the arbitrator awarded certain damages to S&J Enterprises of Fort Lauderdale, subsequently vacated Inc. by The the complete lower arbitration court at award was Archer-Edward s request. After fully reviewing the arbitration award, we reverse the trial court s ruling with regard to the issue of liability, but affirm on the issue of damages. The trial court is directed to return the case to the arbitrator to determine the measure of damages and for a complete calculation of such damages. Affirmed in part, reversed instructions. 2 in part, and remanded with

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