Florida District Courts of Appeal, 1979

Pacific National Equity Co. v. Montgomery

Florida District Courts of Appeal · Decided February 21, 1979 · Dauksch, Downey, Letts

367 So. 2d 729; 1979 Fla. App. LEXIS 14109 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

This cause is affirmed with the exception of the award of $809.99 described as “job connected expenses.”

The contract between the parties provided for payment by one of two methods:

(1) Cost, plus 125%, plus job connected expenses or, if less

(2) $15,000.00 total.

The trial court in this case found the second method to be applicable and with this we have no quarrel. However, the lower court also included $809.99 of job related expenses. This was error.

The cause is remanded with direction to the trial court to modify the final judgment by eliminating the award of $809.99 for job connected expenses and as so modified the final judgment is affirmed.

AFFIRMED AS MODIFIED.

DOWNEY, C. J., and DAUKSCH and LETTS, JJ., concur.

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