WEST DADE LTD., ETC., ET AL., APPELLANTS,
v.
AMERIVEND CORPORATION, APPELLEE
WEST DADE LTD., ETC., ET AL., APPELLANTS,
AMERIVEND CORPORATION, APPELLEE
679 So. 2d 868
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse that portion of the final judgment which awarded the full amount of a decorating allowance fund to Amerivend Corporation and we remand with directions for the court to equitably allocate those proceeds. For some three years beyond the original contract period, a benefit was conferred and retained and the trial court, on remand, should consider the value thereof. See Peoples Nat’l. Bank of Commerce v. First Union Nat’l. Bank, 667 So. 2d 876 (Fla. 3d DCA 1996). In all other respects, the judgment under review is affirmed.
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Citator
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Kuchera v. Kuchera, 230 So. 3d 135 (Fla. 4th DCA 2017)…l court did not have “discretion” to deny pre-judgment interest on the sums [*140] due. She relies on Conway, which held that trial court orders that fail to award prejudgment-interest on support arrearages warrant reversal, citing Miller v. Miller, 679 So. 2d 868 (Fla. 1st DCA 1996); Nelson-Higdon v. Higdon, 680 So. 2d 524 (Fla. 1st DCA 1996); Thurman v. Thurman, 637 So. 2d 64, 65 (Fla. 1st DCA 1994). Conway, 111 So. 3d at 928. Additionally, the former wife argues that it would be inequitable to not require…
Authorities Cited
- Peoples Nat'l Bank OF Commerce v. First Union Nat'l Bank OF Fla., N.A., 667 So. 2d 876 (Fla. 3d DCA 1996)