Penn v. C & S Family Credit, Inc.

District Court of Appeal of Florida

Penn v. C & S Family Credit, Inc.

565 So. 2d 849, 1990 Fla. App. LEXIS 6236, 1990 WL 115524

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 1990

DocketNo. 89-2420

StatusPublished

Cited by1 cases

This text of 565 So. 2d 849 (Penn v. C & S Family Credit, 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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Penn v. C & S Family Credit, Inc., 565 So. 2d 849, 1990 Fla. App. LEXIS 6236, 1990 WL 115524 (Fla. Ct. App. 1990).

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Opinion

NIMMONS, Judge.

This is an appeal from a final judgment of foreclosure. With one exception, we affirm.

The only error made by the trial court concerns the amount of interest awarded under the final judgment. At the final hearing, the court and'both parties agreed to calculating the interest owed by applying the 12.9 percent original note rate to the principal balance from November 1 through the date of the hearing, and deducting from the total the payments made by Ms. Penn. Assuming the calculations made by appellant in her brief are correct (appellee does not disagree), there is a significant discrepancy between the interest calculated pursuant to the method agreed to at the hearing below and the interest actually awarded in the final judgment.

Accordingly, the award of interest is REVERSED and this case REMANDED for a recalculation of the interest pursuant to the method agreed upon at the final hearing.

SMITH and ALLEN, JJ., concur.

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NIMMONS, Judge.

This is an appeal from a final judgment of foreclosure. With one exception, we affirm.

The only error made by the trial court concerns the amount of interest awarded under the final judgment. At the final hearing, the court and'both parties agreed to calculating the interest owed by applying the 12.9 percent original note rate to the principal balance from November 1 through the date of the hearing, and deducting from the total the payments made by Ms. Penn. Assuming the calculations made by appellant in her brief are correct (appellee does not disagree), there is a significant discrepancy between the interest calculated pursuant to the method agreed to at the hearing below and the interest actually awarded in the final judgment.

Accordingly, the award of interest is REVERSED and this case REMANDED for a recalculation of the interest pursuant to the method agreed upon at the final hearing.

SMITH and ALLEN, JJ., concur.

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565 So. 2d 849, 1990 Fla. App. LEXIS 6236, 1990 WL 115524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penn-v-c-s-family-credit-inc-fladistctapp-1990.

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