Richard Nasrallah Homes, Inc. v. Rassler

District Court of Appeal of Florida

Richard Nasrallah Homes, Inc. v. Rassler

355 So. 2d 486, 1978 Fla. App. LEXIS 14997

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1978

DocketNo. 77-1038

StatusPublished

Cited by1 cases

This text of 355 So. 2d 486 (Richard Nasrallah Homes, Inc. v. Rassler) 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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Richard Nasrallah Homes, Inc. v. Rassler, 355 So. 2d 486, 1978 Fla. App. LEXIS 14997 (Fla. Ct. App. 1978).

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Opinion

BOARDMAN, Chief Judge.

By this appeal we review the amended final judgment rendered pursuant to a jury verdict in a suit brought by appellant/cross-appellee/plaintiff, Richard Nasrallah Homes, Inc., against appellees/cross-appel-lants/defendants, Carl G. and Amarilys G. Rassler, to foreclose a mechanic’s lien.

After a review of the evidence in its entirety, consideration of the briefs, and after hearing oral arguments, we hold that there was sufficient, competent evidence to support the jury verdicts. We cannot, however, sustain the award of the trial court of prejudgment interest in the sum of $531.36 to appellant. See, e. g., Newcombe v. South Florida Business Negotiators, Inc., 340 So.2d 1192 (Fla. 2d DCA 1976). We, therefore, direct the trial court to delete that item from the amended final judgment. In all other respects the judgment is affirmed.

AFFIRMED as modified with directions.

OTT and DANAHY, JJ., concur.

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BOARDMAN, Chief Judge.

By this appeal we review the amended final judgment rendered pursuant to a jury verdict in a suit brought by appellant/cross-appellee/plaintiff, Richard Nasrallah Homes, Inc., against appellees/cross-appel-lants/defendants, Carl G. and Amarilys G. Rassler, to foreclose a mechanic’s lien.

After a review of the evidence in its entirety, consideration of the briefs, and after hearing oral arguments, we hold that there was sufficient, competent evidence to support the jury verdicts. We cannot, however, sustain the award of the trial court of prejudgment interest in the sum of $531.36 to appellant. See, e. g., Newcombe v. South Florida Business Negotiators, Inc., 340 So.2d 1192 (Fla. 2d DCA 1976). We, therefore, direct the trial court to delete that item from the amended final judgment. In all other respects the judgment is affirmed.

AFFIRMED as modified with directions.

OTT and DANAHY, JJ., concur.

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355 So. 2d 486, 1978 Fla. App. LEXIS 14997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-nasrallah-homes-inc-v-rassler-fladistctapp-1978.

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