No. 97-903 | Fla. Dist. Ct. App. | Apr 9, 1998
This is the second appearance of the case in this court. In Brink Distributors, Inc. v. J. Evans Associates, Inc., 667 So. 2d 926" court="Fla. Dist. Ct. App." date_filed="1996-02-09" href="https://app.midpage.ai/document/brink-distributors-inc-v-j-evans-associates-inc-7694379?utm_source=webapp" opinion_id="7694379">667 So.2d 926 (Fla. 5th DCA 1996) (Brink I), the trial court found that the Appellees had breached the contract and awarded damages of $100,000. Appellants argued that no apparent view of the evidence supported the award to them of only $100,000.
Upon remand, we direct that the case be assigned to a trial court judge other than that originally hearing the case. In addition to entering the $131,000 judgment in Appellants’ favor, the newly assigned trial court judge is directed to award prejudgment interest on the $131,000 calculated from the date of closing and to determine an appropriate amount of appellate attorney’s fees to award Appellants for Brink I.
REMANDED with directions.
. The court’s determination that the contract had been breached was not appealed. Thus, the issue presented in both Brink I and this appeal is the amount of damages to be awarded. By our conclusion, we inherently reject the argument raised in the cross-appeal.