Shir Bensusan v. Design Engineering Group, LLC

Summary

The Florida Fourth District Court of Appeal affirmed in part and reversed in part a judgment awarding Design Engineering Group, LLC 92% of contractual retainage against Shir Bensusan under an unconditional and absolute guaranty. The court held that the guaranty permitted recovery without first pursuing the principal and that the evidence supported the retainage award. It reversed the award of 10% contractual interest, holding that statutory prejudgment and post-judgment interest applied instead, and remanded with instructions.

Holdings

1. The trial court did not reversibly err in denying Shir Bensusan's motion to continue trial.
2. The guaranty was an unconditional and absolute guaranty of payment, making Shir Bensusan liable upon Costa's nonpayment without DEG first pursuing Costa or exhausting remedies against it.
3. DEG was entitled to recover 92% of the contractual retainage from Shir Bensusan under the unconditional guaranty.
4. The trial court erred by awarding 10% contractual interest against Shir Bensusan. DEG was entitled instead to statutory prejudgment and post-judgment interest.

Questions Presented

1. Whether the trial court abused its discretion by denying Shir Bensusan's motion to continue trial.
2. Whether the guaranty was unconditional and absolute, making Shir Bensusan liable for the unpaid contractual retainage without prior pursuit of the principal.
3. Whether the trial court properly awarded DEG 92% of the retainage based on the guaranty and the evidence.
4. Whether the trial court properly awarded 10% contractual interest against Shir Bensusan, or whether DEG was limited to statutory prejudgment and post-judgment interest.

Disposition

reversed_and_remanded