Narrative Opinion Summary
Totalbank and Everglades Properties, Inc. have appealed a final judgment from a jury verdict that awarded damages to plaintiffs Sergio Balbin, Cicely Balbin, and World Development Construction Company for breaches of an oral agreement and a non-disclosure provision. The court affirms the liability and damage awards, finding no reversible error by the defendants. However, the plaintiffs' cross-appeal successfully identifies an error regarding the lack of postjudgment interest on the prejudgment interest, which the court mandates to be awarded upon remand. Additionally, the court instructs the trial court to create a payment schedule for creditors, detailing amounts owed to specified creditors, which the trustee will pay accordingly. Interest on this judgment will be distributed among the creditors after attorney's fees are covered. The overall judgment is thus affirmed in part, reversed in part, and remanded with specific instructions.
Legal Issues Addressed
Affirmed, Reversed, and Remanded Judgmentsubscribe to see similar legal issues
Application: The overall judgment is affirmed in part, reversed in part, and remanded with specific instructions for further proceedings.
Reasoning: The overall judgment is thus affirmed in part, reversed in part, and remanded with specific instructions.
Breach of Oral Agreementsubscribe to see similar legal issues
Application: The court affirms the jury's verdict awarding damages to plaintiffs for breaches of an oral agreement by the defendants.
Reasoning: Totalbank and Everglades Properties, Inc. have appealed a final judgment from a jury verdict that awarded damages to plaintiffs Sergio Balbin, Cicely Balbin, and World Development Construction Company for breaches of an oral agreement and a non-disclosure provision.
Payment Schedule for Creditorssubscribe to see similar legal issues
Application: The court instructs the trial court to establish a payment schedule for creditors, detailing amounts owed and ensuring interest distribution after attorney's fees.
Reasoning: Additionally, the court instructs the trial court to create a payment schedule for creditors, detailing amounts owed to specified creditors, which the trustee will pay accordingly.
Postjudgment Interest on Prejudgment Interestsubscribe to see similar legal issues
Application: The court mandates the awarding of postjudgment interest on prejudgment interest following an error identified in the plaintiffs' cross-appeal.
Reasoning: However, the plaintiffs' cross-appeal successfully identifies an error regarding the lack of postjudgment interest on the prejudgment interest, which the court mandates to be awarded upon remand.