HomeMy WebLinkAbout0929 damaqes is peculiarly within the province of ~he t~iPr aF fact
and ws find no reversible error. In their coun~erclaim, appel-
lzes sought damages of $12,777.71.~ The trial court awardea
~ $12,277.2~. The accuracy of this calculation is the major issue
on appeal. ~
AppeZlees.established ~heir damages through the testi-
mony o~ Mrs. Louise Parks,~the corporate bookkeeper. ~She pro- ~
vided a detailed explanation and precise cost figure for.each
item of damage. Among the items~listed were a series of attor-
. -neys' bills far whi~h the corporation sought reimbursement. The
court intervenea in the questioning and indicated that it found
no justification~for imposing appellees! legal expenses on the
~ appellant. In this respect, the court was eminently correct.
~ The management agreement did not specify that appellant would be
- responsible for such costs and it was siler.t on the question of
a~torneys' fees in the event of_litigation to enforce the agree-
_ ment.
~ Since ~he amount awarded ~o appellees almost equals
the ~mount prayed for, it is reasonable to conclude that the
. trial court accepted and rel;.ed upon Mrs. Parks' testimony.
Yet, the figures set forth in her testimony do not justify the
" amount awarded. It is not entirely certain, but it appears that ~
the sum of $2,269.38, which was claimed as the amount due for ~
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missing items, may have been counted twice. Therefore, we have
~ recalc~lated each of the items in Mrs. Parks' testimony and,
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excluding $2,792.50 for attorneys fees, we reach a total of
$9,906.33.2. ~
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Tnis figure, however, is subject to one final mo~ifi°
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cation. Included in Mrs. Parks' list is the sum of ~~;433.39
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which was paid to Florida Power & Light Company. Mrs. Parks also
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Thi~ included $10,508:33 for expenses incurred because of -J
_ appellant's alleged breach and ~2,169.38 for items which ~
appellees found to be missing after they retook possession, ~
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- 2. $7,63G.95 for incurred expenses plus $2,2~69.38 for miss?ing
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items. ~ . '
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