NELSON v. AmSOUTH BANK OF FLORIDA (1997)

District Court of Appeal of Florida,First District.

Leonard NELSON, Appellant, v. AmSOUTH BANK OF FLORIDA as Successor P.R. of the Estate of Patricia C. Cole, Appellees.

No. 96-4624.

Decided: September 25, 1997

W.H.F. Wiltshire of Harrell, Wiltshire, P.A., Pensacola, for appellant. Dennis K. Larry of Clark, Partington, Hart, Larry, Bond, Stackhouse & Stone, Pensacola, for appellees.

We affirm the final judgment of the trial court, except as to the inclusion of prejudgment interest in the calculation of treble damages for civil theft. Prejudgment interest may only be awarded on the amount actually stolen; it may not be awarded on the trebled amount. See Greenberg v. Grossman, 683 So.2d 156 (Fla. 3d DCA 1996).

REVERSED and REMANDED with directions to calculate and award prejudgment interest only on the principal amount involved.

PER CURIAM.

BOOTH, JOANOS and WOLF, JJ., concur.

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