HAYS v. BRENNEMAN BUILDING COMPANY (2022)

District Court of Appeal of Florida, Second District.

Judy M. HAYS and John F. Hays, Appellants, v. BRENNEMAN BUILDING COMPANY, a Florida Corporation, Appellee.

No. 2D22-90

Decided: November 02, 2022

Robert E. Turffs of Robert E. Turffs, P.A., Sarasota, for Appellants. Peter A. Peak, Bradenton, for Appellee.

Judy and John Hays appeal the final judgment entered against them and in favor of Brenneman Building Company following a trial in this dispute over a construction lien. We affirm in all respects except that we remand for the correction of an apparent calculation error on the face of the final judgment.

In the final judgment, the court found that the lien improperly included profit, overhead, and supervision. However, it appears that the court did not account for the twenty percent profit and overhead claim on the $6,000 supervision charge when calculating damages on counts II, III, and IV, thereby including values the court expressly found improper. Accordingly, we remand for the correction of this calculation error.

Affirmed; remanded with instructions.

KHOUZAM, Judge.

KELLY and ROTHSTEIN-YOUAKIM, JJ., Concur.

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