Merco Group v. McGregor

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 MERCO GROUP OF THE PALM BEACHES, INC., MERCO GROUP AT NOBE BEACH TOWER, LLC, MERCO GROUP AT AVENTURA LANDINGS I, INC., and MERCO GROUP AT AKOYA, INC., jointly and severally, Appellants, v. JOHN G. MCGREGOR, DAVID GHYSELS, DR. DAVID SARAGA, HARJAS CHATWAL, MARIA L. MEZZOMO, et al., Appellees. No. 4D09-3416 [March 23, 2011] PER CURIAM. In this appeal, the appellants challenge a final judgment, entered following a default, awarding damages to the plaintiffs/appellees. We affirm the order appealed, save the 11% rate of post-judgment interest reflected in the judgment, which the appellees have conceded is erroneous. We remand the matter to the trial court with directions that the post-judgment rate of interest be corrected. Both the initial default and the subsequent final judgment were entered in 2009; the statutory rate of post-judgment interest for 2009 was 8%. See FLA. DEP T OF FIN. SERVS., STATUTORY INTEREST RATES PURSUANT TO SEC. 55.03, FLA. STAT., http://www.myfloridacfo.com/aadir/interest.htm. Affirmed in part and Reversed in part. GROSS, C.J., STEVENSON and GERBER, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Glenn D. Kelley, Judge; L.T. Case No. 50 2006 CA 011826 XXXX MB AA. Geoffrey B. Marks of Billbrough & Marks, P.A., Coral Gables, for appellants. Michael A. Weeks and Nadine C. Macon of Weeks & Macon, LLP, West Palm Beach, for appellees Mark Bennett, Harjas Chatwal and Maria L. Mezzomo, Kevin R. Mackey and Michael L. Mackey, Cynthia Raftis, Anastasia Raftis and Spiro Raftis, Gregory Pill, Richard B. Hoffman and Sharon Hoffman, Bruce Pincheon, Thomas Faso, Jr., Daniel Kohn and Barbara Kohn, Dianne E. Malhotra and Vikrant Malhotra, and Maurice Bassali. Not final until disposition of timely filed motion for rehearing. 2

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