THE CENTER OF OSCEOLA, INC., APPELLANT/CROSS-APPELLEE,
v.
WILLIAM HICKS & SONS, INC., APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 1989-08-31
No. 88-1829
ORFINGER, J., and McNULTY, J.P., Associate Judge, concur.
549 So. 2d 1048 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 1 case
Topics
Mechanic'S Lien Prejudgment Interest Breach Of Contract

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment in a breach of contract and mechanic’s lien easel We find points on appeal which merit our reversal. We affirm the balance of the judgment.

The attorneys fees calculations appear to be in error. The plaintiff’s attorney agreed to represent plaintiff for $75 per hour. He spent approximately 250 hours on the case. Thus the fee should have been $18,750. The trial judge awarded more than that. Upon remand the fee should either be reduced or justified in the order awarding the fee. The fill dirt and black dirt calculations are incorrect. The award should have been based upon $3.75 per cubic yard rather than $8.50 and the record demonstrates 27,850 yards of fill were brought in as an extra. The judgment should reflect the proper amount for added fill, $104,437.50. Interest from the date the contractor’s affidavit was served should be added to that amount. The date was September 22,1986. All prejudgment interest calculations should be from that date, as well.

The judgment is reversed and this cause remanded for entry of judgment in accordance with this opinion.

AFFIRMED in part; REVERSED in part; REMANDED.

ORFINGER, J., and McNULTY, J.P., Associate Judge, concur.

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Cited By

  • Bellino v. W & W Lumber & Bldg. Supplies, Inc., 902 So. 2d 829 (Fla. 4th DCA 2005)
    …in v. Doudov, 626 So. 2d 1054, 1056 (Fla. 4th DCA 1993). Prejudgment interest may not be assessable in favor of the contractor until after the giving of the final [*833] contractor’s affidavit. Center of Osceola, Inc. v. William, Hicks & Sons, Inc., 549 So. 2d 1048, 1049 (Fla. 5th DCA 1989). The final judgment awarded prejudgment interest at twelve percent from February 13, 2002 to April 25, 2003 for the doors. W & W Lumber claims that this period is in error ’since it filed its final affidavit on May 9, 2002…

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