LOGAN B. HORNE ET AL., APPELLANTS,
v.
C & R BUILDING MATERIALS, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
By this appeal, we are called upon to review the propriety of a final judgment establishing an equitable lien, which also awarded interest and certain costs.
We find no error in the final judgment under review as to the award of the equitable lien and the costs. Lewis v. Meginniss, 30 Fla. 419, 12 So. 19; Carter v. Suggs, Fla.App.1966, 190 So. 2d 784; Crane Co. v. Fine, Fla. 1969, 221 So. 2d 145. However, we find that the trial judge erred in awarding interest from the date of the completion of the work under the authority of Gerber Groves, Inc. v. Belle Glade Agricultural Contractors, Inc., Fla. App.1968, 212 So. 2d 669; Sharpe v. Ceco Corporation, Fla.App.1970, 242 So. 2d 464.
Therefore, we affirm the final judgment as to the impression of the equitable lien and as to the cost award, but modify same by striking the award of interest therefrom.
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
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Peter Marich & Assocs., Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978)…ecause this was an equitable suit to foreclose a mechanic’s lien rather than a legal action to enforce a contract. They rely upon Edwards v. John O. Evans Construction Co., 155 Fla. 263, 19 So. 2d 799 (1944); Horne v. C & R Building Materials, Inc., 321 So. 2d 617 (Fla.3d DCA 1975); Sharpe v. Ceco Corp., supra; and, Gerber Groves, Inc. v. Belle Glade Agricultural Contractors, Inc., 212 So. 2d 669 (Fla.2d DCA 1968). The Edwards case was decided before the Parker v. Brinson Construction Co. case in which the ru…
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Zacco Contractors, Inc. v. Irving Tr. Co., 488 So. 2d 616 (Fla. 3d DCA 1986)…fense as a basis for entitlement to prejudgment interest, Argonaut negates the "liti-gable” requirement of Gerber Groves, Inc. v. Belle Glade Agricultural Contractors, Inc., 212 So. 2d 669 (Fla. 2d DCA 1968). Horne v. C & R Building Materials, Inc., 321 So. 2d 617 (Fla. 3d DCA 1975), cert. dismissed, 327 So. 2d 32 (Fla.1976), relies on Gerber which Argonaut implicitly rejects. Argonaut apparently does not affect Flood v. Clark, 111 So. 2d 465 (Fla. 3d DCA 1959), in which this court recognized a lienor’s entit…
Authorities Cited
- Crane Co. v. Fine, 221 So. 2d 145 (Fla. 1969)
- Sharpe v. Ceco Corp., 242 So. 2d 464 (Fla. 3d DCA 1970)
- Lewis v. Meginniss, 30 Fla. 419 (Fla. 1892)
- Carter v. Suggs, 190 So. 2d 784 (Fla. 1st DCA 1966)
- Gerber Groves, Inc. v. Belle Glade Agric. Contractors, Inc., 212 So. 2d 669 (Fla. 2d DCA 1968)