Gentone Enterprises, Inc. v. Scop

District Court of Appeal of Florida

Gentone Enterprises, Inc. v. Scop

537 So. 2d 629, 14 Fla. L. Weekly 158, 1988 Fla. App. LEXIS 5706, 1988 WL 137887

District Court of Appeal of Florida·Decided December 28, 1988·No. No. 88-0067·Published

Opinion

PER CURIAM.

We affirm the final judgment for damages and the post-judgment order on attorney’s fees and costs. Because the action below was a contract action based upon a liquidated amount, appellee was entitled to prejudgment interest. Accordingly, on the issue presented on cross appeal relating to the trial court’s failure to award prejudgment interest, we reverse. See generally Shakeshober v. Florida Resort Development Corporation, 492 So.2d 816 (Fla. 4th DCA 1986), rev. denied, 504 So.2d 768 (Fla.1987); Law v. Blue Lagoon-Pompano, Inc., 470 So.2d 33 (Fla. 4th DCA 1985).

HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.

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PER CURIAM.

We affirm the final judgment for damages and the post-judgment order on attorney’s fees and costs. Because the action below was a contract action based upon a liquidated amount, appellee was entitled to prejudgment interest. Accordingly, on the issue presented on cross appeal relating to the trial court’s failure to award prejudgment interest, we reverse. See generally Shakeshober v. Florida Resort Development Corporation, 492 So.2d 816 (Fla. 4th DCA 1986), rev. denied, 504 So.2d 768 (Fla.1987); Law v. Blue Lagoon-Pompano, Inc., 470 So.2d 33 (Fla. 4th DCA 1985).

HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.

Gentone Enterprises, Inc. v. Scop, 537 So. 2d 629, 14 Fla. L. Weekly 158, 1988 Fla. App. LEXIS 5706, 1988 WL 137887 (Fla. Ct. App. 1988).

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Opinion

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