LEIGH M. FISHER, P.A., APPELLANT/CROSS-APPELLEE,
v.
GARY D. ACKERMAN AND BETTY ACKERMAN; RODNEY D. FLYNN, P.A., APPELLEES/CROSS-APPELLANTS
LEIGH M. FISHER, P.A., APPELLANT/CROSS-APPELLEE,
GARY D. ACKERMAN AND BETTY ACKERMAN; RODNEY D. FLYNN, P.A., APPELLEES/CROSS-APPELLANTS
744 So. 2d 582
Florida District Court of Appeal, Second District (1999)
Positive Treatment
Cited by 6 cases
Opinion of the Court
THREADGILL, Judge.
Leigh M. Fisher, P.A., defendant in an action for legal malpractice, appeals a final judgment entered against it after jury trial. The Ackermans, plaintiffs in that action, cross appeal based on the trial court’s failure to award prejudgment interest in the final judgment. We affirm the final judgment in all respects except one. Because the verdict in this case liquidated damages as of a date certain, the Acker-mans were entitled to an award of prejudgment interest. See Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). We therefore remand to the trial court for entry of an award of prejudgment interest.
Affirmed in part; reversed in part and remanded.
CAMPBELL, A.C.J., and SALCINES, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Amerace Corp. v. Stallings, 823 So. 2d 110 (Fla. 2002)…mage by its verdict, the plaintiff is entitled to interest on that amount, and the interest is to be included in the final judgment. See Palm Beach County Sch. Bd. v. Montgomery, 641 So. 2d 183 (Fla. 4th DCA 1994); Leigh M. Fisher, P.A. v. Ackerman, 744 So. 2d 582 (Fla. 2d DCA 1999). We, therefore, remand to the trial court for entry of an award of prejudgment interest. Amerace Corp., 753 So. 2d at 593. The holding in Amerace conflicts with the holdings in Easkold and Rockman. In Easkold, the First Distric…1 / 2
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Amerace Corp. v. Stallings, 753 So. 2d 592 (Fla. 2d DCA 2000)…mage by its verdict, the plaintiff is entitled to interest on that amount, and the interest is to be included in the final judgment. See Palm Beach County Sch. Bd. v. Montgomery, 641 So. 2d 183 (Fla. 4th DCA 1994); Leigh M. Fisher, P.A. v. Ackerman, 744 So. 2d 582 (Fla. 2d DCA 1999). We, therefore, remand to the trial court for entry of an award of prejudgment interest. NORTHCUTT and SALCINES, JJ., concur.…
Authorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)