T.C. Crum Roofing And General Contractors v. Manuel Olvera-Casas

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014 T.C. CRUM ROOFING AND GENERAL CONTRACTORS, LLC, Appellant, v. MANUEL OLVERA-CASAS, Appellee. No. 4D12-3052 [ July 30, 2014 ] Appeal and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Janis Brustares Keyser, Judge; L.T. Case No. 50-2009 CA 037821 XXXXMB AF. Charles M-P George of the Law Offices of Charles M-P George, Coral Gables, and Christopher W. Wadsworth, Daniel L. Margrey and Mark C. Vazzana of Wadsworth Huott, LLP, Miami, for appellant. Mariano Garcia of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach, and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for appellee. PER CURIAM. The defendant, T.C. Crum Roofing and General Contractors, LLC, appeals a final judgment awarding damages to the plaintiff, Manuel Olvera-Casas. Finding no reversible error, we affirm as to the issues raised in the main appeal. On cross-appeal, the plaintiff argues, and the defendant concedes, that the trial court erred in denying the plaintiff s request for post-verdict, prejudgment interest where the plaintiff requested a final judgment on the day of the verdict and the delay in obtaining the final judgment was not attributable to the plaintiff. We accept the defendant s confession of error. We therefore reverse on the cross-appeal and remand with instructions for the trial court to award post-verdict, pre-judgment interest running from the date of the verdict. See Hyundai Motor Co. v. Ferayorni, 876 So. 2d 680, 682 (Fla. 4th DCA 2004). Affirmed on main appeal; Reversed and Remanded on cross-appeal. DAMOORGIAN, C.J., FORST, J., and HANZMAN, MICHAEL, Associate Judge, concur. * * * Not final until disposition of timely filed motion for rehearing. 2

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