Hemmerle v. Westfield Financial Corp.

489 So. 2d 1171, 11 Fla. L. Weekly 1198, 1986 Fla. App. LEXIS 8034

Opinion

PER CURIAM.

The final summary judgment under review is affirmed in all respects except for the assessment of pre-judgment interest. As to the latter, the summary final judgment is reversed and the cause remanded to the trial court with directions to reduce the assessed pre-judgment interest to $306,941.39 in accord with the appellee’s concession to that effect during the oral argument of the cause. See Hamilton Const. Co. v. Board of Public Instruction of Dade County, 65 So.2d 729 (Fla.1953); Roe v. Henderson, 139 Fla. 386, 388, 190 So. 618, 619 (1939); Carlon, Inc. v. Southland Diversified Co., 381 So.2d 291, 293 (Fla. 4th DCA 1980); Transamerica Insurance Co. v. Rutkin, 218 So.2d 509, 511-12 (Fla. 3d DCA), cert. dismissed, 225 So.2d 531 (Fla.1969); Windowmaster Cory. v. Jefferson Construction Co., 114 So.2d 626 (Fla. 3d DCA 1959).

Affirmed in part; reversed in part and remanded.