EXCAVATORS, INC. v. SMITH MIN., INC.

No. 93-3716.

651 So.2d 1321 (1995)

EXCAVATORS, INC., a Florida corporation, Appellant, v. SMITH MINING, INC., a Florida corporation and Steven W. Smith, Appellees.

District Court of Appeal of Florida, Fourth District.

April 5, 1995.


Attorney(s) appearing for the Case

Kenneth G. Stevens, Fort Lauderdale, for appellant.

Joseph W. Lawrence, II of Cummings, Lawrence & Vezina, P.A., Fort Lauderdale, for appellees.


PER CURIAM.

We reverse the final judgment and remand to recompute the amount owed. Though we agree with the trial court that no default rate could apply to the balance due under the note prior to acceleration, here the date Appellant filed suit on the note, we hold it was error not to award Appellant 18% interest, in accordance with the specific terms of the Appellees' agreement, on deferred interest from the date that the interest was past due and unpaid,...

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