SPANCRETE, INC., A FLORIDA CORPORATION, GARY SCHMIDT, AND RANDY L. QUINN, APPELLANTS/CROSS-APPELLEES,
v.
RINKER MATERIALS CORPORATION, APPELLEE/CROSS-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the officers were personally liable for all materials purchased by the corporation and that prejudgment interest was improperly denied.
Spancrete, Inc. and its officers were found liable for materials purchased from Rinker Materials Corporation. The officers argued they were only respo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Personal Guaranty cases and more on FLexlaw
PER CURIAM.
Spanerete, Inc. and its officers, Gary Schmidt, president, and Randy Quinn, vice-president, appeal from a judgment finding them jointly and severally liable to Rinker Materials Corporation in the amount of $24,-077.35 pursuant to a contract and personal guarantees. The award of $8,272.75 in attorney’s fees is also appealed under a different ease number. We affirm both judgments.
Rinker shipped materials to Spancrete from two of its plants. Of the admitted $24,077.35 owed to Rinker by Spanerete, $2,200 is for materials shipped from the 1025/Pennsuco plant and the balance is for materials shipped from Rinker’s FEC quarry. The officers contend here that they assumed responsibility for only materials shipped from the 1025/Pennsuco plant as shown in the top portion of the credit application. At the end of the application, however, they agreed “to be personally responsible for any purchases made by the corporation pursuant to this application.” After taking testimony, the trial judge resolved the patent ambiguity in favor of the creditor, finding that the defendants had an open account to buy materials from any Rinker facility. That finding cannot be disturbed because it is supported by competent and substantial evidence. Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982).
Rinker claims, by cross-appeal, that it was wrongfully denied prejudgment interest. We agree. Once a verdict has liquidated the damages on a contractual claim as of a date certain, computation of prejudgment interest is matter of a mathematical computation. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985).
The remaining points are without merit.
Affirmed in part, reversed in part, and remanded for further consistent proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Avant Design Grp., Inc. v. Aquastar Holdings, LLC (Fla. 3d DCA 2022)
Authorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Laufer v. Norma Fashions, Inc., 418 So. 2d 437 (Fla. 3d DCA 1982)