Fort Wayne Mortgage Co. v. Warthen

District Court of Appeal of Florida

Fort Wayne Mortgage Co. v. Warthen

513 So. 2d 228, 12 Fla. L. Weekly 2331, 1987 Fla. App. LEXIS 12189

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 1987

DocketNo. BP-161

StatusPublished

Cited by1 cases

This text of 513 So. 2d 228 (Fort Wayne Mortgage Co. v. Warthen) 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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Fort Wayne Mortgage Co. v. Warthen, 513 So. 2d 228, 12 Fla. L. Weekly 2331, 1987 Fla. App. LEXIS 12189 (Fla. Ct. App. 1987).

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Opinion

WENTWORTH, Judge.

Appellant seeks review of an order by which appellees were awarded damages and attorney's fees for a claim predicated upon defects in a mobile home. Appellees cross-appeal. We find that no point of reversible error has been presented for our review except as to the denial of prejudgment interest. The jury verdict by which appellees were awarded damages for defects in their mobile home expressly found that such defects existed at the time of delivery of the mobile home to appellees. Damages were thus established as of a date certain, and prejudgment interest therefore should have been awarded. See Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985).

The order appealed is reversed as to the denial of prejudgment interest and otherwise affirmed, and the cause is remanded.

SMITH, C.J., and JOANOS, J., concur.

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WENTWORTH, Judge.

Appellant seeks review of an order by which appellees were awarded damages and attorney's fees for a claim predicated upon defects in a mobile home. Appellees cross-appeal. We find that no point of reversible error has been presented for our review except as to the denial of prejudgment interest. The jury verdict by which appellees were awarded damages for defects in their mobile home expressly found that such defects existed at the time of delivery of the mobile home to appellees. Damages were thus established as of a date certain, and prejudgment interest therefore should have been awarded. See Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985).

The order appealed is reversed as to the denial of prejudgment interest and otherwise affirmed, and the cause is remanded.

SMITH, C.J., and JOANOS, J., concur.

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513 So. 2d 228, 12 Fla. L. Weekly 2331, 1987 Fla. App. LEXIS 12189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-wayne-mortgage-co-v-warthen-fladistctapp-1987.

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