Schickendanz Bros.-Riviera LTD v. Harris

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 SCHICKEDANZ BROS.-RIVIERA LTD., a Florida Limited Partnership, SCHICKEDANZ BROS.-PALM BEACH, LTD., a Florida Limited Partnership, SCHICKEDANZ ENTERPRISES, INC., the corporate general partner of SCHICKEDANZ BROS.-RIVIERA LTD., and SCHICKEDANZ BROS.-PALM BEACH, LTD., Appellants, v. ROBERT HARRIS and REAL ESTATE MARKETING AND CONSULTING, INC., a Florida corporation, Appellees. No. 4D10-457 [July 13, 2011] PER CURIAM. We affirm, in part, the second amended final judgment post mandate on rehearing. We reverse that portion of the final judgment failing to award appellant prejudgment interest. We remand to the circuit court to enter an award of prejudgment interest from the date that appellant filed its counterclaim. See Ganot Corp. v. J.M.G. Constr. Corp., 560 So. 2d 804, 804-05 (Fla. 4th DCA 1990). The trial court did not err in awarding prejudgment interest to appellee. See Westgate Miami Beach, Ltd. v. Newport Operating Corp., 55 So. 3d 567, 575 (Fla. 2010). STEVENSON, GROSS and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; David E. French, Judge; L.T. Case No. 501997CA006741AD. Jane Kreusler-Walsh and Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A., West Palm Beach, and Rodney L. Tennyson of Rodney L. Tennyson, P.A., Lantana, for appellants. Michael J. Ryan, North Palm Beach, for appellees. Not final until disposition of timely filed motion for rehearing. -2-

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