Handcrafted Homes, Inc. v. Palazzolo

District Court of Appeal of Florida

Handcrafted Homes, Inc. v. Palazzolo

446 So. 2d 1087, 1984 Fla. App. LEXIS 11476

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 1984

DocketNo. 83-394

StatusPublished

This text of 446 So. 2d 1087 (Handcrafted Homes, Inc. v. Palazzolo) 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.

Bluebook

Handcrafted Homes, Inc. v. Palazzolo, 446 So. 2d 1087, 1984 Fla. App. LEXIS 11476 (Fla. Ct. App. 1984).

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Opinion

LETTS, Judge.

Appellant successfully foreclosed a mechanic’s lien against the appellees’ property for fifty thousand nine hundred and ninety-five dollars less a set-off of thirteen thousand one hundred and sixty-three dollars for defective work performed by the appellant. However, the trial court declined to award the appellant’s claim for prejudgment interest. We reverse that portion of the final judgment.

The issue on appeal is whether the trial court erred in denying the claim for prejudgment interest. Despite the appellees’ argument that prejudgment interest is not available because an action to foreclose a mechanic’s lien is in equity, there is authority that such an assessment is proper when the cause is based on a breach of contract. Peter Marich & Associates, Inc. v. Powell, 365 So.2d 754 (Fla. 2d DCA 1978) and S.C.M. Associates, Inc. v. Rhodes, 395 So.2d 632 (Fla. 2d DCA 1981). See Manning v. Clark, 89 So.2d 339 (Fla.1956).

The parties here were in privity and the foreclosure suit was predicated upon breach of contract. We hold the trial court erred in not assessing prejudgment interest. Accordingly, we reverse and remand in accordance with this opinion.

REVERSED AND REMANDED.

DOWNEY and HERSEY, JJ., concur.

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LETTS, Judge.

Appellant successfully foreclosed a mechanic’s lien against the appellees’ property for fifty thousand nine hundred and ninety-five dollars less a set-off of thirteen thousand one hundred and sixty-three dollars for defective work performed by the appellant. However, the trial court declined to award the appellant’s claim for prejudgment interest. We reverse that portion of the final judgment.

The issue on appeal is whether the trial court erred in denying the claim for prejudgment interest. Despite the appellees’ argument that prejudgment interest is not available because an action to foreclose a mechanic’s lien is in equity, there is authority that such an assessment is proper when the cause is based on a breach of contract. Peter Marich & Associates, Inc. v. Powell, 365 So.2d 754 (Fla. 2d DCA 1978) and S.C.M. Associates, Inc. v. Rhodes, 395 So.2d 632 (Fla. 2d DCA 1981). See Manning v. Clark, 89 So.2d 339 (Fla.1956).

The parties here were in privity and the foreclosure suit was predicated upon breach of contract. We hold the trial court erred in not assessing prejudgment interest. Accordingly, we reverse and remand in accordance with this opinion.

REVERSED AND REMANDED.

DOWNEY and HERSEY, JJ., concur.

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446 So. 2d 1087, 1984 Fla. App. LEXIS 11476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handcrafted-homes-inc-v-palazzolo-fladistctapp-1984.

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