Jacksonville National Bank v. J-Mark Development Corp.

District Court of Appeal of Florida

Jacksonville National Bank v. J-Mark Development Corp.

478 So. 2d 1142, 1985 Fla. App. LEXIS 16849

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1985

DocketNo. 84-199

StatusPublished

This text of 478 So. 2d 1142 (Jacksonville National Bank v. J-Mark Development Corp.) 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

Jacksonville National Bank v. J-Mark Development Corp., 478 So. 2d 1142, 1985 Fla. App. LEXIS 16849 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

This cause is affirmed in all respects except for the damages award which we overturn.

The trial judge rejected the shopping center owner’s testimony about the monthly tap-in fees, supposedly predicated on tap-ins to other water mains in the neighborhood, and based this rejection on his own gut reaction that the fees testified to were unconscionable and exorbitant. In their place he chose his own version of what would be fair and reasonable tap-in fees, without any evidence in the record to support his choice. This was error.

In consequence, we reverse the amount of the award and remand this cause for a new trial on the damages issue.

In all other respects, this cause is affirmed.

AFFIRMED IN PART AND REVERSED IN PART.

HERSEY, C.J., and LETTS and HURLEY, JJ., concur.

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