FORT WAYNE MORTGAGE CO., APPELLANT,
v.
JOHNNY R. WARTHEN AND ROSIE M. WARTHEN, HIS WIFE, APPELLEES
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WENTWORTH, Judge.
Appellant seeks review of an order by which appellees were awarded damages and attorney's fees for a claim predicated upon defects in a mobile home. Appellees cross-appeal. We find that no point of reversible error has been presented for our review except as to the denial of prejudgment interest. The jury verdict by which appellees were awarded damages for defects in their mobile home expressly found that such defects existed at the time of delivery of the mobile home to appellees. Damages were thus established as of a date certain, and prejudgment interest therefore should have been awarded. See Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985).
The order appealed is reversed as to the denial of prejudgment interest and otherwise affirmed, and the cause is remanded.
SMITH, C.J., and JOANOS, J., concur.
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Ariz. Chem. Co., LLC v. Mohawk Indus., Inc., 197 So. 3d 99 (Fla. 1st DCA 2016)…een incidentally the same as the date- of loss. Cf. Craigside, 74 So. 3d at 1092; Reid v. Crucet, 615 So. 2d 858, 858 (Fla. 1st DCA 1993); M.L. Montgomery, Inc. v. Grassam, 580 So. 2d at 659, 661 (Fla. 4th DCA 1991); Ft. Wayne Mortg. Co. v. Warthen, 513 So. 2d 228, 229 (Fla. 1st DCA 1987); Thomas, 539 So. 2d at 9. Because the date of breach was not the same date as the date of loss under the [*106] facts of this case, the trial court erred in using the date that best reflected the date of breach. The relevan…
Authorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)