GULFPORT GUARANTY & FIDELITY CORPORATION, APPELLANT,
v.
JONES PLASTERING & STUCCO, INC., APPELLEE

Fla. 2d DCA | 1978-06-02
No. 77-1755
GRIMES, Acting C. J., and SCHEB and RYDER, JJ., concur.
360 So. 2d 1098 Florida District Court of Appeal, Second District (1978) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment is affirmed in all respects except for the award of prejudgment interest which is hereby stricken. Even though this was an action sounding in contract, the damages were substantially unliquidated. See Tampa Electric Co. v. Nashville Coal Co., 214 F.Supp. 647 (M.D.Tenn.1963) (applying Florida law).

GRIMES, Acting C. J., and SCHEB and RYDER, JJ., concur.


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  • Town OF Longboat KEY v. Carl E. Widell & SON, 362 So. 2d 719 (Fla. 2d DCA 1978)
    …at least questionable whether such a clause would apply to extra work occasioned by conditions being other than as represented to the contractor. See annot., 76 ALR 268, 276. . Gulfport Guaranty & Fidelity Corp. v. Jones Plastering & Stucco, Inc., 360 So. 2d 1098 (Fla. 2d DCA 1978).…
  • Hammond v. JIM Hinton OIL Co., Inc., 530 So. 2d 995 (Fla. 1st DCA 1988)
    …in a light favorable thereto, substantially supports the theory, even though that theory is controverted by the opposing party. Ryder Truck Rental, Inc. v. Johnson, 466 So. 2d 1240, 1242 (Fla. 1st DCA 1985); Smith v. Lumbermen’s Mutual Casualty Co., 360 So. 2d 1098 (Fla. 1st DCA 1978). See also Seaboard Coastline R.R. Co. v. Addison, 502 So. 2d 1241 (Fla.1987) (violation of traffic ordinance is evidence of negligence, and when there is evidence of such violation, requesting party is entitled to have jury so in…
  • Ratley v. Batchelor, 599 So. 2d 1298 (Fla. 1st DCA 1991)
    …gents subject to its control, to transport the modular home. Under the applicable ease law, the failure of an operator to have a valid wide load permit at the time of the accident is evidence of negligence. Smith v. Lumbermen’s Mutual Casualty Co., 360 So. 2d 1098 (Fla. 1st DCA 1978). Smith was a personal injury case resulting from a collision between an automobile and half of a double-wide portable classroom. The appellate court reversed a judgment entered for the plaintiff automobile driver pursuant to a ju…
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