Florida District Courts of Appeal, 1975

Horne v. C & R Building Materials, Inc.

Horne v. C & R Building Materials, Inc.
Florida District Courts of Appeal · Decided October 14, 1975 · Barkdull, Dry, Haverfield, Hen
321 So. 2d 617; 1975 Fla. App. LEXIS 15572 (Southern Reporter, Second Series)

Horne v. C & R Building Materials, Inc.

Opinion of the Court

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.

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