
    CHANNEL 68 MARINA, INC., a Florida corporation, Richard Fey and Jodi Fey, Appellants, v. Damien GILLIAMS, and Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Appellees.
    No. 4D02-2859.
    District Court of Appeal of Florida, Fourth District.
    April 16, 2003.
    Bard D. Rockenbach of Sellers, Marion & Bachi, P.A., West Palm Beach, for appellants.
    Michael B. Davis of Paxton & Smith, P.A., West Palm Beach, for Appellee-Damien Gilliams.
   PER CURIAM.

In this appeal appellants argue that the trial court erred in modifying the final judgment without a pending motion for relief under Florida Rule of Civil Procedure 1.540. Appellee agrees and concedes error. We therefore reverse and remand this cause for the trial court to order closing on the subject property and determine the amounts of any post-judgment monies for rent, interest, and penalties that may be owed or any credits that should be set-off between the parties.

REVERSED and REMANDED.

WARNER, SHAHOOD and TAYLOR, JJ., concur.  