NEIL ZAIS, STEVEN J. WATCHMAKER AND GERALD FEINBERG, TRUSTEES OF THE "DOCKSIDE INVESTMENT TRUST," APPELLANTS,
v.
CF WEST FLORIDA, INC., F/K/A THE IONA CORPORATION, A FLORIDA CORPORATION, APPELLEE
PER CURIAM.
The defendant-developer delayed in the making of significant repairs. As a result, plaintiffs’ apartment became uninhabitable. Plaintiffs’ failure to turn on the electricity and air conditioning did not relieve defendants of their breach. Although written demand was not made, it is undisputed that notice was given and the defendant had knowledge of the defects and its duty to make repairs. The plaintiff was entitled to recover damages for the fair rental value of the apartment during that period prior to the repairs being made. Vanater v. Tom Lilly Const., 483 So. 2d 506 (Fla. 4th DCA 1986); Marshall v. Karl F. Schultz, Inc., 438 So. 2d 533 (Fla. 2d DCA 1983).
We reverse and remand for a determination of those damages.
ANSTEAD, WALDEN and STONE, JJ., concur.
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Kozich v. Shahady, 702 So. 2d 1289 (Fla. 4th DCA 1997)…recognize that generally an amendment which adds a new party to the action does not relate back to the original complaint. See Troso v. Florida Ins. Guar. Ass’n, Inc., 538 So. 2d 103 (Fla. 4th DCA 1989); Lindsey v. H.H. Raulerson Jr. Memorial Hosp., 505 So. 2d 577 (Fla. 4th DCA 1987)(amended complaint in medical malpractice action which did not merely correct misnomer or misdescription of party but instead added another physician as a totally separate party did not relate back to date of initial complaint); F…
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- Marshall v. Karl F. Schultz, Inc., 438 So. 2d 533 (Fla. 2d DCA 1983)
- Vanater v. TOM Lilly Constr., 483 So. 2d 506 (Fla. 4th DCA 1986)