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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. MIDDLETON

No. 3D00-1879.

802 So.2d 516 (2001)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Annita D. MIDDLETON and James E. Middleton, her husband, Appellees.

District Court of Appeal of Florida, Third District.

December 26, 2001.

Attorney(s) appearing for the Case

Luis E. Ordoñez & Associates and Frances F. Guasch, for appellant.

Ginsberg & Schwartz and Arnold R. Ginsberg; Jon W. Burke, for appellees.

Before JORGENSON, LEVY, and SHEVIN, JJ.

PER CURIAM.

State Farm Mutual Automobile Insurance Company appeals from a final judgment. For the following reasons, and based upon 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 payments made to the plaintiffs/appellees prior to trial. See Allstate Ins. Co. v. Morales,

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