GRANGER ASPHALT PAVING, INC., APPELLANT/CROSS APPELLEE,
v.
JOSEPH R. PELLAR, APPELLEE, AND SWEETWATER VILLAGE DEVELOPMENT, INC., APPELLEE/CROSS APPELLANT

Fla. 1st DCA | 1996-02-28
No. 95-2164
BOOTH, JOANOS and WOLF, JJ., concur.
668 So. 2d 345 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal and cross appeal from a final judgment in a mechanic’s hen and a contract action. We find no merit as to the appeal, and affirm as to that issue without further discussion.1 We do find merit, however, in the issue on cross appeal. We find that the trial court erred by not granting prejudgment interest from February 10, 1989, until the date of final judgment, May 15,1995. We, therefore, reverse and remand for the inclusion of prejudgment interest.

BOOTH, JOANOS and WOLF, JJ., concur. . The trial court's order incorrectly identifies Sweetwater as a party in the mechanic’s lien action; therefore, paragraph 33 of the trial court's final order which expressly states that "Sweetwater and Pellar are the prevailing parties for purposes of an attorney fee award under chapter 713, Florida Statutes and for all other purposes," should be amended to strike the reference to Sweetwater from the paragraph.


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Citator

Cited By

  • Pellar v. Granger Asphalt Paving, Inc., 687 So. 2d 282 (Fla. 1st DCA 1997)
    …failure to include prejudgment interest in the amount due from Granger. We affirmed the appeal without discussion, but reversed on the cross appeal and remanded with directions to include prejudgment interest. Granger Asphalt Paving, Inc. v. Pellar, 668 So. 2d 345 (Fla. 1st DCA 1996). We also granted the motion by Pellar and Sweetwater for appellate attorney’s fees and remanded the case to the trial court for determination of the amount. Following the appeal, Pellar and Sweetwa-ter presented their claim in t…
  • Granger Asphalt Paving, Inc. v. Pellar, 674 So. 2d 907 (Fla. 1st DCA 1996)
    …PER CURIAM. We affirm the lower court’s order awarding Appellee Joseph Pellar attorneys’ fees and costs under Chapter 713, Florida Statutes. However, as stated in Granger Asphalt Paving, Inc. v. Pellar, 668 So. 2d 345 n. 1 (Fla. 1st DCA 1996), Appellee Sweetwater Village Development, Inc., is not entitled to such fees and costs. Accordingly, we remand for the lower court to strike reference to Sweetwater Village Development, Inc., from its order. BOOTH, WOLF an…

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