Excavators, Inc. v. Smith Mining, Inc.

District Court of Appeal of Florida

Excavators, Inc. v. Smith Mining, Inc.

651 So. 2d 1321, 1995 Fla. App. LEXIS 3478, 1995 WL 144236

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 1995

DocketNo. 93-3716

StatusPublished

This text of 651 So. 2d 1321 (Excavators, Inc. v. Smith Mining, Inc.) 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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Excavators, Inc. v. Smith Mining, Inc., 651 So. 2d 1321, 1995 Fla. App. LEXIS 3478, 1995 WL 144236 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

We reverse the final judgment and remand to recompute the amount owed. Though we agree with the trial court that no default rate could apply to the balance due under the note prior to acceleration, here the date Appellant filed suit on the note, we hold it was error not to award Appellant 18% interest, in accordance with the specific terms of the Appellees’ agreement, on deferred interest from the date that the interest was past due and unpaid, July 15, 1989, through the date suit was filed. See Breitbart v. Zaucha, 185 So.2d 496 (Fla. 3d DCA 1966). We find no error as to the balance of the final judgment.

STONE, POLEN and KLEIN, JJ., concur.

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PER CURIAM.

We reverse the final judgment and remand to recompute the amount owed. Though we agree with the trial court that no default rate could apply to the balance due under the note prior to acceleration, here the date Appellant filed suit on the note, we hold it was error not to award Appellant 18% interest, in accordance with the specific terms of the Appellees’ agreement, on deferred interest from the date that the interest was past due and unpaid, July 15, 1989, through the date suit was filed. See Breitbart v. Zaucha, 185 So.2d 496 (Fla. 3d DCA 1966). We find no error as to the balance of the final judgment.

STONE, POLEN and KLEIN, JJ., concur.

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651 So. 2d 1321, 1995 Fla. App. LEXIS 3478, 1995 WL 144236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/excavators-inc-v-smith-mining-inc-fladistctapp-1995.

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