District Court of Appeal of Florida

In a lawsuit relating to the construction of a new home, a post-judgment order, granting a motion for a writ of execution as to the prejudgment interest amount calculated eight months after the final judgment, is reversed where the prejudgment interest was waived when it was not calculated and included as a sum certain in the original final judgment nor requested to be calculated by rehearing or amendment within ten days of the order.

Appellate Information

• Decided 11/22/2006
• Published 11/22/2006

Judges

• TAYLOR, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• J. Alfredo De Armas of Alvarez, Armas & Borron, P.A., Coral Gables, for appellee.