Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A. Evergrene Master Association, Inc.

District Court of Appeal of Florida

Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A. Evergrene Master Association, Inc.

168 So. 3d 1275, 2015 Fla. App. LEXIS 10745, 2015 WL 4269929

District Court of Appeal of Florida·Decided July 15, 2015·No. 4D14-873·Published

Opinion

PER CURIAM.

The appellant raises three issues in this mortgage foreclosure case. We find two issues have no merit, but we agree with the appellant that the trial court erred in its calculation of prejudgment interest.

The complaint alleged that the appellant defaulted on the note by failing to make the payment due on August 1, 2009, and all subsequent payments. The evidence introduced at trial indicated that the loan became due on August 1, 2009. However, the trial court calculated prejudgment interest from July 1, 2009. This was error. We reverse and remand for the trial court to recalculate prejudgment interest using the correct accrual date. We reject the appellant’s other arguments regarding calculation of prejudgment interest.

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

CIKLIN, C.J., STEVENSON and GROSS, JJ., concur.

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PER CURIAM.

The appellant raises three issues in this mortgage foreclosure case. We find two issues have no merit, but we agree with the appellant that the trial court erred in its calculation of prejudgment interest.

The complaint alleged that the appellant defaulted on the note by failing to make the payment due on August 1, 2009, and all subsequent payments. The evidence introduced at trial indicated that the loan became due on August 1, 2009. However, the trial court calculated prejudgment interest from July 1, 2009. This was error. We reverse and remand for the trial court to recalculate prejudgment interest using the correct accrual date. We reject the appellant’s other arguments regarding calculation of prejudgment interest.

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

CIKLIN, C.J., STEVENSON and GROSS, JJ., concur.

Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A. Evergrene Master Association, Inc., 168 So. 3d 1275, 2015 Fla. App. LEXIS 10745, 2015 WL 4269929 (Fla. Ct. App. 2015).

Pincite

168 So. 3d 1275 (Domenic D. Miele a/k/a Domenic Miele v. Wells Fargo Bank, N.A. Evergrene Master Association, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.