Florida District Courts of Appeal, 1977

Indian River Construction Co. v. City of Jacksonville

Indian River Construction Co. v. City of Jacksonville
Florida District Courts of Appeal · Decided October 24, 1977 · Boyer, Ervin, Mills
350 So. 2d 1139; 1977 Fla. App. LEXIS 16834 (Southern Reporter, Second Series)

Indian River Construction Co. v. City of Jacksonville

Opinion of the Court

PER CURIAM.

Having considered the record and briefs of the parties, we conclude no error occurred. Appellant’s argument that the lower court erred in directing verdict against it as to its $75,872.43 claim by reason of delay caused by eight change orders mutually agreed upon by appellant and ap-pellee is without foundation. Had appellant intended to claim more, such additional items of expense should have been included within the change orders. They were not. Having failed to do so, appellant may not now attempt to rewrite a contract properly executed. Jacksonville and A. R. Co. v. Woodworth, 26 Fla. 368, 8 So. 177 (1890).

*1140The argument raised that the lower court erred in giving an instruction to the jury was not objected to by appellant. The objection was thereby waived. Fla.R.Civ.P. 1.470(b).

AFFIRMED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.