BELLY ACRES, INC., A FLORIDA CORPORATION, APPELLANT/CROSS-APPELLEE,
v.
LEONARD FRANKEL, APPELLEE/CROSS-APPELLANT
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Belly Acres, a trailer park seller, appeals a judgment awarding the buyer damages for breach of express contractual warranties regarding the condition of improvements. The appellate court affirms the judgment with modifications to correct mathematical discrepancies and reduce damages for urinals based on insufficient evidentiary support.
The appellate court affirmed the damages award but modified it to reflect only two broken urinals (rather than three) and corrected mathematical discrepancies in the judgment. The court reduced the total award from $47,792.64 to $40,779.08.
[1] A seller's breach of express contractual warranties regarding the condition of real property improvements can support a buyer's claim for damages.
[2] A court may modify a final judgment to correct mathematical discrepancies in itemized damages and to conform the award to the evidence presented.
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Join FLexlaw to unlock all legal intelligence“The evidence is sufficient only to support a finding that there were two broken urinals on October 22, 1976, rather than the three mentioned on the plumber's estimate establishing the cost of replacement at $200 each”
Establishes the evidentiary basis for reducing damages related to the urinal repairs
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Join FLexlaw to unlock all legal intelligenceBelly Acres sold a trailer park to Leonard Frankel. The buyer sued for breach of express contractual warranties relating to the condition of improveme…
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COWART, Judge.
Appellant, seller of a trailer park, appeals a final judgment in favor of the buyer awarding various items of damages arising from the breach of express contractual warranties relating to the condition of improvements on the real property sold. The buyer cross-appeals the trial court’s denial of the buyer’s claims for reformation, for punitive damages and for damages relating to seller’s alleged misrepresentation that the premises were high and dry. We have reviewed the record and the trial court’s findings as to all matters urged as error on appeal and find no reversible error, with two exceptions.
The evidence is sufficient only to support a finding that there were two broken urinals on October 22, 1976, rather than the three mentioned on the plumber’s estimate establishing the cost of replacement at $200 each (exhibit 25).
We note the discrepancies between the itemized damages allowed and the total stated in the judgment. On page 2 of the final judgment damages for exhibit 35 were itemized as follows: fan repairs, $226.20; pool motor, $197.60; license fee, $185.00; and tile, $169.60, which items totaled $778.40. However, on the summary on pages 3 and 4 of the final judgment, the total for exhibit 35 is given as $818.40. Also, the itemized summary as shown correctly totals $41,019.08, rather than $47,-792.64 as shown in the final judgment. We hereby reduce the $41,019.08 figure by $200 to eliminate the cost of replacing one of the three urinals (exhibit 25) and by the $40.00 necessary to correct the discrepancy relating to exhibit 35, thereby modifying the final judgment to total $40,779.08. It is, hereby,
AFFIRMED as modified.
COBB and SHARP, JJ., concur.
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The Travelers Ins. Co. v. D.J. Wells, Jr., 633 So. 2d 457 (Fla. 5th DCA 1993)…, 458 So. 2d 272 (Fla.1984). . 2 Am.Jur.2d Damages § 1028 (1988). . Compare Pahokee Housing Authority, Inc. v. South Florida Sanitation Co., 478 So. 2d 1107 (Fla. 4th DCA 1985), rev. denied, 491 So. 2d 280 (Fla.1986); Belly Acres, Inc. v. Frankel, 412 So. 2d 48 (Fla. 5th DCA 1982). See Webb Automotive Distributors, Inc. v. Baxter, 574 So. 2d 1139 (Fla. 4th DCA), rev. denied, 583 So. 2d 1034 (Fla.1991). . 3 Fla.Jur.2d Appellate Review § 352 (1978); Food Fair Stores, Inc. v. Morgan, 338 So. 2d 89 (Fla. 2d D…
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Lawrence v. Aquarius Sales & Serv., Inc., 30 So. 3d 690 (Fla. 1st DCA 2010)…d, 415 So. 2d 886 (Fla. 1st DCA 1982). Booher v. Perkins Rest. & Bakery, 11 So. 3d 1008 (Fla. 1st DCA 2009). We hereby modify the order on appeal by striking the JCC’s findings regarding [*691] Claimant’s PIR. See e.g., Belly Acres, Inc. v. Frankel, 412 So. 2d 48 (Fla. 5th DCA 1982) (modifying judgment in part and affirming as modified). The order is hereby AFFIRMED as modified. HAWKES, C.J., ROBERTS and CLARK, JJ., concur.…
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Crane Resistoflex & GAB Bus. Servs., Inc. v. Bailey, 802 So. 2d 529 (Fla. 1st DCA 2001)…PER CURIAM. We affirm the JCC’s order but modify the order to correct a clerical error. See Belly Acres, Inc. v. Frankel, 412 So. 2d 48 (Fla. 5th DCA 1982) (modifying final judgment for correction in computation of damages). In calculating the amount of overpayment, the JCC mistakenly used $476.36, instead of $476.86, for the period of January 1, 1997 to December 31, 1997. Thus, the…