ALLIED VAN LINES, INC., APPELLANT,
v.
BARBARA BREWER, APPELLEE
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The court held that the statutory penalty and attorneys' fees were improperly awarded because the shipment was interstate, but the damages award was supported by evidence.
Plaintiff sued Allied Van Lines for missing and damaged furniture during an interstate move from Mississippi to Florida. The trial court awarded damag…
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Allied Van Lines, Inc., defendant in the Court below, appeals a final judgment in favor of Appellee, Barbara Brewer, defendant below, awarding her $2,500.00 damages. The Court added the statutory penalty of 50%, making a total judgment of $4,200.00. 15% of the total judgment of $4,200.00 was awarded to Brewer’s attorneys.
Brewer filed her complaint against Allied alleging that she contracted with Allied to move her furniture from Jackson, Mississippi, to Naples, Florida. She claimed that when the furniture was unpacked some of it was missing and some was damaged. The missing articles consisted basically of silver items which were family heirlooms, and the damaged items included a Singer Sewing Machine and cut-glass articles which were also family heirlooms. l
We have carefully reviewed the record in this case and find that there was competent and substantial evidence to support the lower Court’s award of $2,500.00 damages to Brewer for her loss.
The Court erred, however, in awarding the statutory penalty of 50%. The shipment of the items in question was from Mississippi to Naples, Florida. F.S. Sections 353.01 and 353.02, F.S.A. do not apply to an interstate shipment. Fornel v. Florida East Coast Ry. Co., 65 Fla. 102, 61 So. 194.
The Court likewise erred in assessing attorneys’ fees based upon the amount of the judgment for damages plus the penalty.
The judgment is therefore affirmed as to the principal amount of $2,500.00 awarded for damages, and reversed as to the penalty and attorneys’ fees. We hereby remand the cause to the lower Court for the assessment of simple interest and for attorneys’ fees based upon the amount of the claim recovered.
Affirmed in part, reversed in part, and remanded with directions.
LILES and McNULTY, JJ., concur.
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Emery AIR Freight v. Cornil, 414 So. 2d 1167 (Fla. 5th DCA 1982)…deemed and held to be one or the other. The court further held that the statutory interest penalty and attorney’s fees provisions2 (then chapter 5618) were confined to intrastate shipments. Fornel, 61 So. at 197. See also Allied Van Lines v. Brewer, 258 So. 2d 496 (Fla. 2d DCA 1972), wherein the court held that sections 353.01 and 353.02 do not apply to interstate shipments. The shipment in the present case was clearly interstate in nature. As sections 353.01 and 353.02 do not apply in this case, the judgmen…
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U. S. Steel Supply v. Bill Rivers Corp., 381 So. 2d 268 (Fla. 1st DCA 1980)…udgment entered April 13, 1979. The order is affirmed with the exception of the ruling that the interstate commerce nature of the shipment precluded application of § 353.03, Florida Statutes (1977). This ruling was error. Allied Van Lines v. Brewer, 258 So. 2d 496 (Fla.2d DCA 1972). The judge’s failure to award attorney’s fees based upon the erroneous ruling is reversed and the cause is remanded for further proceedings consistent with this opinion. ERVIN, SHIVERS and SHAW, JJ., concur.…
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Aero-Mayflower Transit Co., Inc. v. Zisk, 286 So. 2d 581 (Fla. 2d DCA 1973)…PER CURIAM. Affirmed. See Rule 3, Florida Household Carrier’s Bureau, Tariff 11 (1969) (now Rule 25-5.168, Florida Public Service Commission (1971)); Fla.Stat. §§ 353.01, 353.02, F.S.A., (1973). See also Allied Van Lines, Inc. v. Brewer, 258 So. 2d 496 (Fla.App.2d 1972). MANN, C. J., and McNULTY and BOARD MAN, JJ., concur.…
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- Fornel v. Fla. E. Coast Ry. Co., 65 Fla. 102 (Fla. 1913)