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Indian River v. City of Jacksonville

District Court of Appeal of Florida, First District
Oct 24, 1977
350 So. 2d 1139 (Fla. Dist. Ct. App. 1977)

Opinion

No. DD-419.

October 24, 1977.

Appeal from the Circuit Court, Duval County, Sam Goodfriend, J.

S. Gordon Blalock, of Blalock, Holbrook, Lewis, Paul Isaac, Jacksonville, for appellant.

Dawson A. McQuaig, Gen. Counsel, William Lee Allen and William L. Coalson, Asst. Gen. Counsels, Jacksonville, for appellee.


Having considered the record and briefs of the parties, we conclude no error occurred. Appellant's argument that the lower court erred in directing verdict against it as to its $75,872.43 claim by reason of delay caused by eight change orders mutually agreed upon by appellant and appellee is without foundation. Had appellant intended to claim more, such additional items of expense should have been included within the change orders. They were not. Having failed to do so, appellant may not now attempt to rewrite a contract properly executed. Jacksonville and A.R. Co. v. Woodworth, 26 Fla. 368, 8 So. 177 (1890).

The argument raised that the lower court erred in giving an instruction to the jury was not objected to by appellant. The objection was thereby waived. Fla.R.Civ.P. 1.470(b).

AFFIRMED.

BOYER, Acting C.J., and MILLS and ERVIN, JJ., concur.


Summaries of

Indian River v. City of Jacksonville

District Court of Appeal of Florida, First District
Oct 24, 1977
350 So. 2d 1139 (Fla. Dist. Ct. App. 1977)
Case details for

Indian River v. City of Jacksonville

Case Details

Full title:INDIAN RIVER CONSTRUCTION COMPANY, INC., A CORPORATION, APPELLANT, v. CITY…

Court:District Court of Appeal of Florida, First District

Date published: Oct 24, 1977

Citations

350 So. 2d 1139 (Fla. Dist. Ct. App. 1977)

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