MARIAN M. AND ROBERT C. REID, APPELLANTS,
v.
DOGULAS S. CRUCET AND MICHAEL H. SHERIDAN, APPELLEES
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PER CURIAM.
The Reids, buyers of a residential home, brought this action against the sellers for damages which resulted when the sellers misrepresented or failed to disclose unobservable material defects in the property, about which they knew, and the buyers relied to their detriment upon these representations. The jury’s verdict awarding the buyers $30,000 damages is supported by the facts and the law. Johnson v. Davis, 480 So. 2d 625 (Fla.1985). However, the trial court erred in failing to award the Reids their attorney’s fees and in awarding prejudgment interest from the date of the jury verdict rather than the date of closing. Burkett v. Rice, 542 So. 2d 480 (Fla. 2d DCA 1989); and Thomas v. Toth, 539 So. 2d 8 (Fla. 2d DCA 1989).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
ERVIN, SMITH and BARFIELD, JJ., concur.
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Ariz. Chem. Co., LLC v. Mohawk Indus., Inc., 197 So. 3d 99 (Fla. 1st DCA 2016)…ered for this loss, it would have been entitled to prejudgment interest from the date the cause of action accrued simply because that' daté would have been incidentally the same as the date- of loss. Cf. Craigside, 74 So. 3d at 1092; Reid v. Crucet, 615 So. 2d 858, 858 (Fla. 1st DCA 1993); M.L. Montgomery, Inc. v. Grassam, 580 So. 2d at 659, 661 (Fla. 4th DCA 1991); Ft. Wayne Mortg. Co. v. Warthen, 513 So. 2d 228, 229 (Fla. 1st DCA 1987); Thomas, 539 So. 2d at 9. Because the date of breach was not the same da…
Authorities Cited
- Johnson v. Morton Davis and Edna Davis, 480 So. 2d 625 (Fla. 1985)
- Martin Cnty. Liquors, Inc. v. Dep't of Bus. Reg., 539 So. 2d 8 (Fla. 1st DCA 1989)
- Burkett v. Rice, 542 So. 2d 480 (Fla. 2d DCA 1989)