12 Fla. L. Weekly Supp. 39a
Insurance — Personal injury protection — Written final judgment for full amount of jury verdict must be reversed as it is not in conformance with oral pronouncement that trial court would adjust verdict
UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, v. PROSPER DIAGNOSTIC CENTERS, a/o/a Dario Leszkiewicz, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 03-575 AP. L.C. Case No. 01-9840 SP 26. October 26, 2004. An Appeal from the County Court for Miami-Dade County, Ellen Sue Venzer, Judge. Counsel: Michael J. Neimand, Office of the General Counsel, for Appellant. Marlene S. Reiss, Stephens, Lynn, Klein, La Cava, Hoffman & Puya, P.A., for Appellee.
(Before D. BRUCE LEVY, MAXINE COHEN LANDO, and ROBERT N. SCOLA, JR., JJ.)
(PER CURIAM.) We affirm the trial court as to all points raised in this appeal with the exception of the monetary amount of the final judgment entered on the jury’s verdict. On this issue, we reverse and remand this cause for entry of a final judgment in conformance with the trial court’s oral pronouncement.
This case was tried before a jury on September 22, and September 23, 2003, regarding payment of PIP benefits. The trial court stated, “We agreed if there was a verdict in favor of the plaintiff that the court will adjust the verdict.” The jury returned a verdict in the amount of $3,860.00. The final judgment was entered by the trial court on October 20, 2003 in the total amount of the jury verdict without adjustments being made. Hence, the written final judgment must be reversed as it is not in conformance with the oral pronouncement of the trial court. Ulano v. Anderson, 626 So. 2d 1112 (Fla. 3d DCA 1993); TST Impresso, Inc. v. J.C. Nomer, Inc., 703 So. 2d 1153 (Fla. 3d DCA 1997).
The Appellee’s motion for attorney’s fees is granted and remanded to the trial court for determination of the amount. Accordingly, this case is AFFIRMED in part, REVERSED in part, and REMANDED to the trial court for further proceedings consistent with this opinion.
AFFIRMED in part, REVERSED in part, and REMANDED.
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