CARL WAYNE DEHAVEN, JR. AND SHARON CAROL DEHAVEN, APPELLANTS,
v.
LARRY GORDON AND ESTHER GORDON, APPELLEES
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PER CURIAM.
We reverse the final judgment on the authority of Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). Appellants, purchasers of a house from Appel-lees, prevailed in an action for rescission and on 0⅛61. claims. The judgment was for the return of funds paid, less a set-off.
It was error not to award pre-judgment interest on Appellants’ payments, pro rata, as of the dates paid. Although the foreman of the jury apparently wrote the words, “no interest” on the verdict form, this was clearly not an issue before the jury and constitutes surplusage. See Coca-Cola Bottling Company of Miami v. Dawkins, 233 So. 2d 160 (Fla. 3d DCA 1970).
We remand for modification of the judgment as to pre-judgment interest. As to all other issues raised, we affirm. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
STONE, PARIENTE and SHAHOOD, JJ., concur.
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Francois v. State, 695 So. 2d 695 (Fla. 1997)…ncois v. State, 676 So. 2d 1041 (Fla. 3d DCA 1996), in which the district court certified conflict with the opinions in Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996); Fellman v. State, 673 So. 2d 155 (Fla. 5th DCA 1996); Marchessault v. State, 659 So. 2d 1315 (Fla. 4th DCA 1995); Gordon v. State, 649 So. 2d 326 (Fla. 5th DCA 1995); and Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Francois. In 1989, Anita Francois pled nolo conten-de…
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Francois v. State, 676 So. 2d 1041 (Fla. 3d DCA 1996)…996), “[i]n calculating the amount of credit, the court must consider the time served from the date probation was imposed to the date of revocation.” Id. at 912 (citation omitted); see also Fellman v. State, 673 So. 2d at 155; Marchessault v. State, 659 So. 2d 1315 (Fla. 4th DCA 1995); Gordon v. State, 649 So. 2d 326, 328 (Fla. 5th DCA 1995). However, no credit will be given if the probationer absconds from supervision. Hughes v. State, 667 So. 2d at 912; Gordon v. State, 649 So. 2d at 328 & n. 3; Kolovrat v.…
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Werner Willems v. State, 770 So. 2d 758 (Fla. 5th DCA 2000)…nt officer was apparently nolle prossed. . This includes the time served from the date probation was imposed to the date of revocation. Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA), review denied, 676 So. 2d 413 (Fla.1996); Marchessault v. State, 659 So. 2d 1315 (Fla. 4th DCA 1995).…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Coca-Cola Bottling Co. OF Miami, Inc. v. Dawkins, 233 So. 2d 160 (Fla. 3d DCA 1970)