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659 So. 2d 1315

Dehaven v. Gordon

District Court of Appeal of Florida

Decided September 6, 1995

District Court of Appeal of Florida · decided 1995-09-06

Cited by 4 later decisions — most recently November 2000

4 state decisions

Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · 474 So. 2d 212 - Argonaut Ins. Co. v. May Plumbing Co. · Coca-Cola Bottling Co. of Miami v. Dawkins

Good law ✅— No negative treatment on recordhow we know

Decided 1995-09-06

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PER CURIAM.

¶1We reverse the final judgment on the authority of Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985). Appellants, purchasers of a house from Appel-lees, prevailed in an action for rescission and on 0⅛61. claims. The judgment was for the return of funds paid, less a set-off.

¶2It was error not to award pre-judgment interest on Appellants’ payments, pro rata, as of the dates paid. Although the foreman of the jury apparently wrote the words, “no interest” on the verdict form, this was clearly not an issue before the jury and constitutes surplusage. See Coca-Cola Bottling Company of Miami v. Dawkins, 233 So.2d 160 (Fla. 3d DCA 1970).

¶3We remand for modification of the judgment as to pre-judgment interest. As to all other issues raised, we affirm. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

STONE, PARIENTE and SHAHOOD, JJ., concur.
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