Judy M. Hays and John F. Hays v. Brenneman Building Company
CourtDistrict Court of Appeal of Florida
Date FiledNovember 2, 2022
Docket2D22-0090
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JUDY M. HAYS and JOHN F. HAYS,
Appellants,
v.
BRENNEMAN BUILDING COMPANY, a Florida corporation,
Appellee.
No. 2D22-90
November 2, 2022
Appeal from the Circuit Court for Sarasota County; Andrea
McHugh, Judge.
Robert E. Turffs of Robert E. Turffs, P.A., Sarasota, for Appellants.
Peter A. Peak, Bradenton, for Appellee.
KHOUZAM, Judge.
Judy and John Hays appeal the final judgment entered
against them and in favor of Brenneman Building Company
following a trial in this dispute over a construction lien. We affirm
in all respects except that we remand for the correction of an
apparent calculation error on the face of the final judgment.
In the final judgment, the court found that the lien improperly
included profit, overhead, and supervision. However, it appears
that the court did not account for the twenty percent profit and
overhead claim on the $6,000 supervision charge when calculating
damages on counts II, III, and IV, thereby including values the
court expressly found improper. Accordingly, we remand for the
correction of this calculation error.
Affirmed; remanded with instructions.
KELLY and ROTHSTEIN-YOUAKIM, JJ., Concur.
__________________________
Opinion subject to revision prior to official publication.
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