Manucy v. Yurgalewicz
This text of 998 So. 2d 1209 (Manucy v. Yurgalewicz) 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.
Opinion
Donald O. MANUCY, Appellant/Cross-Appellee,
v.
Mary YURGALEWICZ, Appellee/Cross-Appellant.
District Court of Appeal of Florida, First District.
Tyrie A. Boyer of Boyer, Tanzler & Sussman, P.A., Jacksonville, for Appellant/Cross-Appellee.
J. Michael Lindell of Lindell & Farson, P.A., Jacksonville, for Appellee/Cross-Appellant.
PER CURIAM.
The trial court's order is affirmed in all respects except one. The trial court erred in denying appellee/cross-appellant's request for prejudgment interest. Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985). Accordingly, we reverse the order and remand for the trial court to enter an award of prejudgment interest.
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF and BROWNING, JJ., concur; BENTON, J., concurs in part and dissents in part with opinion.
BENTON, J., concurring in part and dissenting in part.
Given the competing equities in this unusual case, I do not agree that the "chancellor" abused his discretion in denying the prejudgment interest in question. I concur otherwise in affirming the judgment below.
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998 So. 2d 1209, 2009 WL 127859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manucy-v-yurgalewicz-fladistctapp-2009.