Reed v. Nationwide Leasing and Sales

Full title: RUSSELL REED, APPELLANT, v. NATIONWIDE LEASING AND SALES, INC., A FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 11, 1990

558 So. 2d 1104 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1054.

April 11, 1990.

Appeal from the Circuit Court for Broward County; Larry Seidlin, Judge.

Howard W. Mazloff of Law Offices of Howard W. Mazloff, P.A., Miami, for appellant.

Gerald R. Pumphrey of Gerald R. Pumphrey, P.A., North Palm Beach, for appellee.

GARRETT, Judge.

We reverse the awarded amount of damages and affirm as to all other issues.

We remand and direct the trial court to enter final judgment in the amount of $18,732.00, with interest from the date of the original final judgment, costs and attorney's fees. We believe the correct damages computation is: the aggregate of the installments provided by the lease ($31,624.00), reduced by installments actually paid ($1,892.00), reduced further by the amount realized from the sale of the leased property ($11,000). BVA Credit Corp. v. Fisher, 369 So.2d 606, 609 (Fla. 1st DCA 1978), cert. denied, 370 So.2d 459 (Fla. 1979).

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH DIRECTIONS.

GLICKSTEIN and DELL, JJ., concur.