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Vanech v. Hartsfield and Son, Inc.

District Court of Appeal of Florida, Second District
Feb 3, 1984
444 So. 2d 431 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-2511.

October 26, 1983. Rehearings Denied February 3, 1984.

Appeal from the Circuit Court, Pinellas County, Mark R. McGarry, Jr., J.

Gary W. Lyons of Phillips, McFarland, Gould Wagstaff, P.A., Clearwater, for appellant.

John D. Kiernan of Gouldner, Reams, Marger, Davis, Piper Kiernan, P.A., St. Petersburg, for appellee Hartsfield Son.

William Fletcher Belcher, St. Petersburg, for appellee Prestressed Systems, Inc.


We affirm the judgment in this mechanic's lien foreclosure and contract action. One contention raised by appellant is that the award of prejudgment interest was not proper because there was not a conclusive determination of the exact amount due at the time of appellees' demand upon appellant for payment. We affirm the award of prejudgment interest as proper in a suit for payment of a debt due under a contract. See Parker v. Brinson Construction Co., 78 So.2d 873 (Fla. 1955); Beckerman v. Greenbaum, 439 So.2d 233 (Fla. 2d DCA 1983); Robinson v. Peterson, 375 So.2d 294 (Fla. 2d DCA 1979); Peter Marich Associates, Inc. v. Powell, 365 So.2d 754 (Fla. 2d DCA 1978); Town of Longboat Key v. Carl E. Widell Son, 362 So.2d 719 (Fla. 2d DCA 1978); Vacation Prizes, Inc. v. City National Bank of Miami Beach, 227 So.2d 352 (Fla. 2d DCA 1969). Compare Federal Deposit Insurance Corp. v. Carre, 436 So.2d 227 (Fla. 2d DCA 1983) (amount of debt not established by contract).

BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.


Summaries of

Vanech v. Hartsfield and Son, Inc.

District Court of Appeal of Florida, Second District
Feb 3, 1984
444 So. 2d 431 (Fla. Dist. Ct. App. 1984)
Case details for

Vanech v. Hartsfield and Son, Inc.

Case Details

Full title:LOUIS A. VANECH, APPELLANT, v. HARTSFIELD AND SON, INC., AND PRESTRESSED…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 3, 1984

Citations

444 So. 2d 431 (Fla. Dist. Ct. App. 1984)