Legal Opinion

Peacock v. Ace

District Court of Appeal of Florida

Decided December 30, 2009No. 2D09-355PublishedCited by 2 opinions

1Per curiam

Caroline Peacock appeals an adverse final judgment for $272,499.33 entered in favor of Myron L. Ace and M.L. Ace, Inc. (collectively, Ace). The final judgment is erroneous on its face because it includes an award of $181,019.41 for accelerated rent to which Ace was not entitled. 1 See Grove Rest. & Bar, Inc. v. Razook, 571 So.2d 596, 597 (Fla. 2d DCA 1990); Coast Fed. Sav. & Loan Ass’n v. DeLoach, 362 So.2d 982, 984 (Fla. 2d DCA 1978). Accordingly, we reverse the final judgment and remand for the entry of a new judgment that correctly calculates Ace’s damages.

Ms. Peacock also argues that the…

2Cases cited6 opinions

  1. Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
  2. Baratta v. VALLEY OAK HOMEOWNERS'ASS'NDistrict Court of Appeal of Florida · 2004
  3. Coast Fed. Sav. & Loan Ass'n v. DeLoachDistrict Court of Appeal of Florida · 1978
  4. Harris v. McKinneyDistrict Court of Appeal of Florida · 2009
  5. Markovich v. MarkovichDistrict Court of Appeal of Florida · 2008

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3Cited by2 opinions

  1. MacArty v. MacArtyDistrict Court of Appeal of Florida · 2010
  2. Macarty v. MacartyDistrict Court of Appeal of Florida · 2010

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