INDIAN RIVER CONSTRUCTION COMPANY, INC., A CORPORATION, APPELLANT,
v.
CITY OF JACKSONVILLE, FLORIDA, A MUNICIPAL CORPORATION, APPELLEE

Fla. 1st DCA | 1977-10-24
No. DD-419
BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.
350 So. 2d 1139 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 4 cases
Topics
Change Orders Waiver Of Objections Contract Interpretation Breach Of Contract

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered the record and briefs of the parties, we conclude no error occurred. Appellant’s argument that the lower court erred in directing verdict against it as to its $75,872.43 claim by reason of delay caused by eight change orders mutually agreed upon by appellant and appellee is without foundation. Had appellant intended to claim more, such additional items of expense should have been included within the change orders. They were not. Having failed to do so, appellant may not now attempt to rewrite a contract properly executed. Jacksonville and A. R. Co. v. Woodworth, 26 Fla. 368, 8 So. 177 (1890). The argument raised that the lower court erred in giving an instruction to the jury was not objected to by appellant. The objection was thereby waived. Fla.R.Civ.P. 1.470(b).

AFFIRMED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Marion v. Cissell, 376 So. 2d 871 (Fla. 5th DCA 1979)
    …s on appeal. Although the appellees have not favored us with a brief, we consider only two of the points to have merit. The remaining points were either waived by failure to object at trial, Indian River Construction Company v. City of Jacksonville, 350 So. 2d 1139 (Fla. 1st DCA 1977), or the record fails to support them. Plaintiffs contend the trial court erred, in the absence of supporting evidence, by instructing the jury to deduct the $5,000.00 from David Marion’s damages. They also contend the trial cour…
  • Loleta L. Hodge v. Barth's Auto. S., Inc., 432 So. 2d 632 (Fla. 3d DCA 1983)
    …erprises, Inc., 403 So. 2d 1325 (Fla.1981); Pinillos v. Cedars of Lebanon Hospital Corporation, 403 So. 2d 365 (Fla.1981); Ellis v. Golconda Corporation, 352 So. 2d 1221 (Fla. 1st DCA 1977); Indian River Construction Company v. City of Jacksonville, 350 So. 2d 1139 (Fla. 1st DCA 1977); Palmer v. Thomas, 284 So. 2d 709 (Fla. 1st DCA 1973); Fla. R.Civ.P. 1.470(b).…

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