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POSNER v. FLINK

No. 80-471.

393 So.2d 1140 (1981)

Victor POSNER, Appellant, v. Richard S. FLINK, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellant.

Podhurst, Orseck & Parks and Joel D. Eaton, Miami, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

PER CURIAM.

Appellant challenges the award to appellee of prejudgment interest, at a rate of ten percent, and the award of certain costs. We affirm the propriety of an award of prejudgment interest, but reverse on the rate awarded, and remand for recomputation of the proper award. Additionally, we reverse the cost award, and remand for evidentiary hearing.

In actions ex contractu, prejudgment interest is appropriately added to unliquidated damages where the...

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