Valmor Distributors, Inc. v. Kanter Enterprises, Inc.

District Court of Appeal of Florida

Valmor Distributors, Inc. v. Kanter Enterprises, Inc.

474 So. 2d 1202, 10 Fla. L. Weekly 1684, 1985 Fla. App. LEXIS 14040

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 1985

DocketNos. 83-2616, 84-1740

StatusPublished

This text of 474 So. 2d 1202 (Valmor Distributors, Inc. v. Kanter Enterprises, 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.

Bluebook

Valmor Distributors, Inc. v. Kanter Enterprises, Inc., 474 So. 2d 1202, 10 Fla. L. Weekly 1684, 1985 Fla. App. LEXIS 14040 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

We conclude that it was error for the trial court to dismiss the claim for a mechanic's lien. Accordingly, we reverse the dismissal, remand for retrial and direct on remand that the surety bond be reinstated. We also reverse the award of appellee’s attorney’s fee.

Because the trial court’s finding that appellant is due $48,260 is not contrary to the manifest weight of the evidence, appellant can recover no more than that amount on the contract. However, we find that there is no substantial competent evidence on which to base a set-off. Accordingly, on remand, we direct the judgment in favor of appellant on the contract be increased to $48,260.

HERSEY, GLICKSTEIN and DELL, JJ., concur.

UPON APPELLANT’S MOTION FOR CLARIFICATION

We find that in our opinion of May 22, 1985 in case no. 83-2616 we neglected to direct that judgment in favor of appellant should provide, further, for prejudgment interest from August 23, 1982. See Vanech v. Hartsfield and Son, Inc., 444 So.2d 431 (Fla. 4th DCA 1983), and eases cited therein. We now add this direction.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.

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