JANICE L. GRIFFIN AND JOHN R. GRIFFIN, HER HUSBAND, APPELLANTS,
v.
BALISTRERI REALTY, INC., CHARLIE BROOKS AND RUTHIE BROOKS, INDIVIDUALLY, APPELLEES
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PER CURIAM.
Appellant plaintiffs sued a realty company and its agents after purchasing a home in which there was substantial termite damage which had not been disclosed. The case was arbitrated and plaintiffs received “a total award of $155,000,” which did not include prejudgment interest. In the proceedings before the court for confirmation of the award, plaintiffs sought prejudgment interest, which was denied based on Preserve Estates v. Bryant Contracting Corp., 657 So. 2d 59 (Fla. 4th DCA 1995). Plaintiffs argue that the present case is distinguishable from Preserve Estates, because in that case the arbitration order stated that it was “in full and final settlement of all claims submitted” to the arbitrator. We disagree that the eases are distinguishable and conclude that the trial court was correct in determining that it was not authorized to modify the arbitrator’s award by adding interest to the award. McDaniel v. Berhalter, 405 So. 2d 1027 (Fla. 4th DCA 1981); Okun v. Litwin Sec., 652 So. 2d 387 (Fla. 3d DCA 1995). Affirmed.
KLEIN, SHAHOOD and TAYLOR, JJ., concur.
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Broward Cnty. v. Recupero, 949 So. 2d 274 (Fla. 4th DCA 2007)…ught suit to foreclose $423,750 in liens it had recorded against the property for the code enforcement violations. Initially, the trial court granted summary judgment in favor of the estate, but the case was reversed. See Broward County v. Recupero, 908 So. 2d 520 (Fla. 4th DCA 2005). During the continued proceedings upon remand, the estate sought to obtain a new mortgage loan on the property and filed a “Motion to Satisfy Liens of Record and Allow Refinancing of Property.” The estate asserted in its motion t…
Authorities Cited
- McDANIEL v. Berhalter, 405 So. 2d 1027 (Fla. 4th DCA 1981)
- Mark and Barbara Okun v. Litwin Sec., Inc., 652 So. 2d 387 (Fla. 3d DCA 1995)
- Preserve Ests. v. Bryant Contracting Corp., 657 So. 2d 59 (Fla. 4th DCA 1995)