Opinion
Case No. 4D02-949.
Opinion filed December 11, 2002. Rehearing denied May 28, 2003.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; W. Herbert Moriarty, Judge; L.T. Case No. 00-19730 CACE05.
Mariano R. Gonzalez of Mariano R. Gonzalez, P.A. and Leonardo G. Renaud of Leonardo G. Renaud, P.A., Miami Lakes, for appellant.
James J. Hurchalla of James J. Hurchalla Assoc., P.A., Fort Lauderdale, for appellee X-Ray Equipment Company, Inc., a Florida corporation.
We affirm the Final Judgment rendered in favor of appellee, X-Ray Equipment Co., Inc. in all respects but one: the calculation of the monetary award. We remand this cause with directions to the trial court to enter a revised Final Judgment amending the monetary award in at least two respects: First, as the record clearly indicates that the CT scan machine was not included in the contract at issue, the $19,500.00 in lost profit attributable to the prospective sale should be deducted from the award. Second, the amount of cost for the two fluoro rooms should have been $24,000.00, not $12,000.00. Accordingly, the trial court shall recalculate the monetary award, and make the appropriate adjustments thereto.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
STONE and GROSS, JJ., concur.