KENWORTH OF TAMPA, INC., A FLORIDA CORPORATION, APPELLANT,
v.
TURNKEY DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, APPELLEE
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The court held that prejudgment interest should be awarded on a liquidated claim from the date of demand, not the date of judgment.
Turnkey Development Corporation sued Kenworth of Tampa, Inc. for $10,000.00, alleging Kenworth retained the money unlawfully. The trial court awarded …
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HOBSON, Judge.
We affirm that portion of the judgment on appeal which awarded Turnkey Development Corporation (Turnkey) the sum of $10,000.00 from Kenworth of Tampa, Inc. (Kenworth). We reverse that portion which awarded interest on the $10,000.00 sum from the date of judgment.
Where a claim is liquidated, prejudgment interest should be allowed. Town of Longboat Key v. Widell, 362 So. 2d 719 (Fla.2d DCA 1978).
Turnkey made demand on Kenworth by letter dated June 26, 1978 for exactly $10,000.00. Moreover, Turnkey alleged in its complaint that Kenworth had retained the $10,000.00 unlawfully. It appears to us that the claim was certain and known to Kenworth even before suit was filed.
We, therefore, hold that Turnkey is entitled to interest on the $10,000.00 award from the date of the demand (June 26, 1978) to the date of the final judgment (March 18, 1981). On remand, the trial court shall enter an order to this effect, computing interest at the statutory rate.
AFFIRMED in part, REVERSED in part, and REMANDED.
SCHEB, C. J., and BOARDMAN, J., concur.
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Town OF Longboat KEY v. Carl E. Widell & SON, 362 So. 2d 719 (Fla. 2d DCA 1978)
- Brooker v. State, 362 So. 2d 719 (Fla. 2d DCA 1978)