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3. In addition to the right of the plaintiff to the
possession 9f the property, the plaintiff is entitled to receive ~
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interest for the wrongful detention of the properCy measured by
the rate of 6 per cen~ per annum computed on the fair market '
value of the equipment on January 1, 1964, viz., twenty-one ~
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thousand six hundred fifty-seven dollgrs and ninety-five cents
($21,657.95). See Evans v. Kloeppel, 72 Fla 267, 73 So. 180 (1916); ;
Florida Trust & Banking Co. v. Consolidated Title Co., 86 Fla. 317, ~
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98 So. 915 (1923). Interest in this case com~nences to run from 4
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January 1, 1964 which is the date the plaintiff was en~itled to ;
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immediate possession of the property. See 18 Fla. Jur., Interest, ;
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§6 (1958); 28 Fla. Jur., Replevin, §§40, 41 (1959); 47 C.J.S.~ • i
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Interest, §47(c) (1946). ~ ~ ~
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Based upon the above Findings of Fact and Con~l:iisp.p
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Law, it is ' ' ~ C~ <o~ ±
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~ ORDERED AND ADJUDGED : o v: v
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1. That the Plaintiff's motion for sumnnary ju~gmeni,cas n° ~
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hereby granted since it affirmatively appears that there is no ~
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genuine issue of material fact and the plaintiff is entitled to i
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judgment as a matter of law. .
~ 2. That the plaintiff is entitled to possession of the ~
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properCy which is the subject matter of thE contract involved in ~
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this suit and which is described therein together with damages in ~
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the amount of $ Q'7~' ~ and costs.
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3. That the plaintiff may substitute a copy of the
` Condi~tional Sales Contract for the original.
= DONE A1VD ORDERED at Miami, Florida, this ~ day of ~ `
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March, 1967. ~ - ~
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United Sta s Di ict.~,Tudge ~
cc.Fowler, White, et al., Tampa ~!j
Englander & Burnett ' ~
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