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Mode, Inc. v. Hardrives Co.

District Court of Appeal of Florida, Fourth District
Aug 21, 1991
583 So. 2d 819 (Fla. Dist. Ct. App. 1991)

Opinion

Nos. 89-2956, 90-2510.

August 21, 1991.

Consolidated appeals from the Circuit Court for Broward County; C. Lavon Ward, Judge.

Davis W. Duke, Jr., and Bryan Duke of Gunster, Yoakley Stewart, P.A., Fort Lauderdale, for appellants/appellees-Mode, Inc., and Regency Ins. Co.

Steve Chackman, Rob Buchsbaum, and Neil Rose of Conroy, Simberg Lewis, P.A., Hollywood, for appellee/appellant-Hardrives Co.


We affirm the judgment and orders on appeal except the determination as to interest.

Because competent substantial evidence exists to support the judgment entered below, we find no error in the trial court's refusal to grant a new trial to Mode, Inc. We also find no error in the admission of evidence at trial.

As to the post-verdict proceedings, we affirm the determination of attorney's fees but reverse the determination as to prejudgment interest. Hardrives is entitled to interest from the earliest date that payment was properly demanded from Mode, Inc. before judgment. For the major part of damages recovered, that date was the date of filing a claim of lien. On remand we direct the trial court to utilize the existing record to award interest from the earliest date reflected in the record that claim for payment was made, and to award interest accordingly.

GLICKSTEIN, C.J., ANSTEAD, J., and OFTEDAL, RICHARD L., Associate Judge, concur.


Summaries of

Mode, Inc. v. Hardrives Co.

District Court of Appeal of Florida, Fourth District
Aug 21, 1991
583 So. 2d 819 (Fla. Dist. Ct. App. 1991)
Case details for

Mode, Inc. v. Hardrives Co.

Case Details

Full title:MODE, INC., AND REGENCY INSURANCE COMPANY, APPELLANTS, v. HARDRIVES…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 21, 1991

Citations

583 So. 2d 819 (Fla. Dist. Ct. App. 1991)