COGENIC ENERGY SYSTEMS, INC., A CORPORATION, APPELLANT,
v.
RING POWER CORPORATION, A CORPORATION, APPELLEE
Explore caselaw by topic → Browse Prejudgment Interest cases and more on FLexlaw
WENTWORTH, Judge.
Appellant seeks review of an order by which it was determined that appellant breached a contract with appellee. We find that appellant has presented no point of reversible error. However, appellee has cross-appealed and we find that the court erred by declining to include prejudgment interest in the award of appellee’s damages. The parties’ contractual relationship was terminated by formal notice prior to the commencement of the proceeding below, and the verdict had the effect of fixing damages as of a prior date; in these circumstances prejudgment interest should have been awarded. See Bergen Brunswig Corp. v. State Department of Health & Rehabilitative Services, 415 So. 2d 765 (Fla. 1st DCA 1982), petition for review denied, 426 So. 2d 25 (Fla.1983).
The order appealed is reversed insofar as it declines to award prejudgment interest. The order is otherwise affirmed, and the cause is remanded.
THOMPSON and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Keller Kitchen Cabinets & Alexis, Inc. v. Holder, 586 So. 2d 1132 (Fla. 1st DCA 1991)…eatment is available to a claimant who has reached MMI only when the need therefor requires recognition of a change in MMI and reentry of temporary disability status, with or without eligibility for other benefits. Value Construction, Inc. v. Sauer, 465 So. 2d 631 (Fla. 1st DCA 1985); Manns Jiffy Food Mart v. O’Neil, 453 So. 2d 78 (Fla. 1st. DCA 1984); Lewis v. Town & Country Auto Body Shop, 447 So. 2d 403 (Fla. 1st DCA 1984). A claimant may, however, still be entitled to post-MMI palliative treatment for rel…
Authorities Cited
- Bergen Brunswig Corp. & Health Application Sys., Inc. v. State of Fla. Dep't OF Health & Rehabilitative Servs., 415 So. 2d 765 (Fla. 1st DCA 1982)