Clark v. Creed

District Court of Appeal of Florida

Clark v. Creed

541 So. 2d 1338, 14 Fla. L. Weekly 1011, 1989 Fla. App. LEXIS 2149, 1989 WL 37573

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 1989

DocketNo. 88-00496

StatusPublished

This text of 541 So. 2d 1338 (Clark v. Creed) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clark v. Creed, 541 So. 2d 1338, 14 Fla. L. Weekly 1011, 1989 Fla. App. LEXIS 2149, 1989 WL 37573 (Fla. Ct. App. 1989).

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Opinion

SCHOONOVER, Judge.

The appellant, Patricia A. Clark, challenges a final judgment denying her counterclaim and awarding damages and immediate possession of certain leased premises to the appellee, Jere Creed, doing business as C & G Enterprises of Cypress Center.

We find that the trial court erred in awarding double rent to the appellee pursuant to section 83.06, Florida Statutes (1985). Wagner v. Rice, 97 So.2d 267 (Fla.1957). See also, Painter v. Town of [1339]*1339Groveland, 79 So.2d 765 (Fla.1955). We find no reversible error, however, with regard to any of the other contentions on appeal. We, accordingly, remand for the entry of an amended final judgment omitting any damages for double rent and any interest thereon, but affirm in all other respects.

Affirmed in part, reversed in part, and remanded with instructions.

SCHEB, A.C.J., and THREADGILL, J., concur.

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SCHOONOVER, Judge.

The appellant, Patricia A. Clark, challenges a final judgment denying her counterclaim and awarding damages and immediate possession of certain leased premises to the appellee, Jere Creed, doing business as C & G Enterprises of Cypress Center.

We find that the trial court erred in awarding double rent to the appellee pursuant to section 83.06, Florida Statutes (1985). Wagner v. Rice, 97 So.2d 267 (Fla.1957). See also, Painter v. Town of [1339]*1339Groveland, 79 So.2d 765 (Fla.1955). We find no reversible error, however, with regard to any of the other contentions on appeal. We, accordingly, remand for the entry of an amended final judgment omitting any damages for double rent and any interest thereon, but affirm in all other respects.

Affirmed in part, reversed in part, and remanded with instructions.

SCHEB, A.C.J., and THREADGILL, J., concur.

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Bluebook (online)

541 So. 2d 1338, 14 Fla. L. Weekly 1011, 1989 Fla. App. LEXIS 2149, 1989 WL 37573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-creed-fladistctapp-1989.

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