Horne v. C & R Building Materials, Inc.

District Court of Appeal of Florida

Horne v. C & R Building Materials, Inc.

321 So. 2d 617, 1975 Fla. App. LEXIS 15572

CourtDistrict Court of Appeal of Florida

DecidedOctober 14, 1975

DocketNo. 75-286

StatusPublished

Cited by2 cases

This text of 321 So. 2d 617 (Horne v. C & R Building Materials, 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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Horne v. C & R Building Materials, Inc., 321 So. 2d 617, 1975 Fla. App. LEXIS 15572 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

By this appeal, we are called upon to review the propriety of a final judgment establishing an equitable lien, which also awarded interest and certain costs.

We find no error in the final judgment under review as to the award of the equitable lien and the costs. Lewis v. Meginniss, 30 Fla. 419, 12 So. 19; Carter v. Suggs, Fla.App.1966, 190 So.2d 784; Crane Co. v. Fine, Fla. 1969, 221 So.2d 145. However, we find that the trial judge erred in awarding interest from the date of the completion of the work under the authority of Gerber Groves, Inc. v. Belle Glade Agricultural Contractors, Inc., Fla. App.1968, 212 So.2d 669; Sharpe v. Ceco Corporation, Fla.App.1970, 242 So.2d 464.

Therefore, we affirm the final judgment as to the impression of the equitable lien and as to the cost award, but modify same by striking the award of interest therefrom.

Affirmed in part; reversed in part.

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PER CURIAM.

By this appeal, we are called upon to review the propriety of a final judgment establishing an equitable lien, which also awarded interest and certain costs.

We find no error in the final judgment under review as to the award of the equitable lien and the costs. Lewis v. Meginniss, 30 Fla. 419, 12 So. 19; Carter v. Suggs, Fla.App.1966, 190 So.2d 784; Crane Co. v. Fine, Fla. 1969, 221 So.2d 145. However, we find that the trial judge erred in awarding interest from the date of the completion of the work under the authority of Gerber Groves, Inc. v. Belle Glade Agricultural Contractors, Inc., Fla. App.1968, 212 So.2d 669; Sharpe v. Ceco Corporation, Fla.App.1970, 242 So.2d 464.

Therefore, we affirm the final judgment as to the impression of the equitable lien and as to the cost award, but modify same by striking the award of interest therefrom.

Affirmed in part; reversed in part.

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321 So. 2d 617, 1975 Fla. App. LEXIS 15572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horne-v-c-r-building-materials-inc-fladistctapp-1975.

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