Opinion
No. 1D07-5326.
January 21, 2009.
An appeal from the Circuit Court for Duval County. Charles O. Mitchell, Jr., Judge.
Tyrie A. Boyer of Boyer, Tanzler Sussman, P.A., Jacksonville, for Appellant/Cross-Appellee.
J. Michael Lindell of Lindell Farson, P.A., Jacksonville, for Appellee/Cross-Appellant.
The trial court's order is affirmed in all respects except one. The trial court erred in denying appellee/cross-appellant's request for prejudgment interest. Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985). Accordingly, we reverse the order and remand for the trial court to enter an award of prejudgment interest.
AFFIRMED in part, REVERSED in part, and REMANDED.
WOLF and BROWNING, JJ., concur; BENTON, J., concurs in part and dissents in part with opinion.
BENTON, J., concurring in part and dissenting in part.
Given the competing equities in this unusual case, I do not agree that the "chancellor" abused his discretion in denying the prejudgment interest in question. I concur otherwise in affirming the judgment below.