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David v. Liberty Nat. Bank

District Court of Appeal of Florida, Second District
Mar 15, 1995
651 So. 2d 1291 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-01790.

March 15, 1995.

Appeal from the Circuit Court for Sarasota County; Harry M. Rapkin, Judge.

Daniel Joy of Joy Moran, Sarasota, for appellants.

Rebecca A. Baitty, H. Roger Lutz, and Charles W. Telfair IV, of Lutz, Webb, Bobo Baitty, P.A., Sarasota, for appellee.


The appellants, Paul P. David and Rose David, challenge a deficiency judgment entered against them as a result of a mortgage foreclosure action. We find no merit in the appellants' contention that the trial court erred in entering a deficiency judgment in this case and, accordingly, affirm that determination. The court erred, however, by entering a final judgment which awarded post-judgment interest on the amount found due as prejudgment interest. Sciandra v. First Union Nat'l Bank, 638 So.2d 1009 (Fla. 2d DCA 1994); S E Contractors, Inc. v. City of Tampa, 629 So.2d 883 (Fla. 2d DCA 1994). We, accordingly, reverse and remand with instructions to enter a judgment which oes not provide for postjudgment interest on the prejudgment interest award, but affirm the trial court in all other respects.

Affirmed in part, reversed in part, and remanded with instructions.

RYDER, A.C.J., and QUINCE, J., concur.


Summaries of

David v. Liberty Nat. Bank

District Court of Appeal of Florida, Second District
Mar 15, 1995
651 So. 2d 1291 (Fla. Dist. Ct. App. 1995)
Case details for

David v. Liberty Nat. Bank

Case Details

Full title:PAUL P. DAVID AND ROSE DAVID, APPELLANTS, v. LIBERTY NATIONAL BANK…

Court:District Court of Appeal of Florida, Second District

Date published: Mar 15, 1995

Citations

651 So. 2d 1291 (Fla. Dist. Ct. App. 1995)