Wiess v. Tierney, s. 80-2416

Decision Date04 August 1981
Docket NumberNos. 80-2416,80-2427,s. 80-2416
Citation402 So.2d 1239
PartiesJack J. WEISS, Caroline Weiss, Calaz, N. V., Appellants, v. Robert TIERNEY, Appellee.
CourtFlorida District Court of Appeals

Appeals from Circuit Court, Dade County; Moie J. L. Tendrich, Judge.

Frank, Strelkow & Gay, Manners, Amoon, Whatley & Tucker and Kenneth J. Duckworth, for appellants.

Ron Brenner, Male, Bodne, Kuperstein & Eisenberg, Miami, for appellee.



Upon consideration of the appeal and the cross-appeal, we affirm the Final Judgment and the Corrected Final Judgment in favor of appellee Tierney with regard to liability, but we reverse the amount of the damage award. Under the express terms of the contract, appellee is entitled to recover $100,000. We therefore remand the cause for entry of a final judgment reflecting this opinion.

Affirmed in part, reversed in part.

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