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Santi v. Cohmar Associates, Inc.

District Court of Appeal of Florida, Fourth District
Feb 22, 1989
538 So. 2d 153 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-2530.

February 22, 1989.

Appeal and cross appeal from the Circuit Court for Palm Beach County; Walter N. Colbath, Judge.

Jeff M. Brown and Larry E. Schner of Lavalle, Wochna, Rutherford Brown, P.A., Boca Raton, for appellants/cross appellees.

Louisa Smith-Adam of Montgomery, Searcy Denney, P.A., and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellee/cross appellant.


Affirmed; however, we find error in the trial court's refusal to include prejudgment interest on the $125,000.00 award and we remand with directions to compute and award prejudgment interest. See Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985); Law v. Blue Lagoon-Pompano, Inc., 470 So.2d 33 (Fla. 4th DCA 1985).

HERSEY, C.J., and FRANK, RICHARD H., Associate Judge, concur.

STONE, J., dissents with opinion.


I dissent because I consider the damages to be speculative and because the lower court applied the wrong measure of damages.


Summaries of

Santi v. Cohmar Associates, Inc.

District Court of Appeal of Florida, Fourth District
Feb 22, 1989
538 So. 2d 153 (Fla. Dist. Ct. App. 1989)
Case details for

Santi v. Cohmar Associates, Inc.

Case Details

Full title:LOUIS P. SANTI AND OPAL E. SANTI, APPELLANTS/CROSS APPELLEES, v. COHMAR…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 22, 1989

Citations

538 So. 2d 153 (Fla. Dist. Ct. App. 1989)