MAINGATE DEVELOPMENT, INC., APPELLANT,
v.
LAKEVIEW MARKETING GROUP, INC., AND KENNETH J. SCHWARTZ, APPELLEES

Fla. 4th DCA | 2000-06-21
Nos. 4D99-2175, 4D99-3979
GUNTHER and GROSS, JJ., concur.
758 So. 2d 1290 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 5 cases


Opinion of the Court
FARMER, J.

FARMER, J.

We affirm a jury verdict awarding Lake-view $65,000 in damages for Maingate’s breach of a contract between the two. Since the jury’s verdict liquidated damages as of a date certain — February 13, 1996 (the date the contract was breached) until August 27, 1998 (the date of the verdict)— Lakeview is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of Lakeview’s loss. See Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212, 215 (Fla.1985). As such, the trial court had a ministerial duty to add the appropriate amount of interest to the principal amount of damages awarded in the verdict. See Argonaut, 474 So. 2d at 215.

Accordingly, we remand for the limited purpose of the trial court adding prejudgment interest calculated at the statutory rate to the final judgment.

GUNTHER and GROSS, JJ., concur.


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  • …decide whether CompuServe breached that contractual obligation, taking into consideration the claimed November, 1999, tender and the February, 2000, payment that the Stones ultimately received. See Maingate Dev., Inc. v. Lakeview Mktg. Group, Inc., 758 So. 2d 1290, 1291 (Fla. 4th DCA 2000). Even though the amount of any such loss is tiny in a breach of contract case, the minimal amount of damages is not a basis for dismissal. The order denying class certification is affirmed. The final summary judgment is re…
  • Jarratt G. Bennett v. Morales, 845 So. 2d 1002 (Fla. 5th DCA 2003)
    …nterest is a ministerial act, a mathematical calculation, to be performed by the trial judge after the jury renders its verdict. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985); Maingate Dev., Inc. v. Lakeview Marketing Group, Inc., 758 So. 2d 1290 (Fla. 4th DCA 2000). This issue was raised at a hearing during the trial, on May 24, 2001, when appel-lees’ counsel told the court that interest was a procedural matter, and cited to Argonaut. Appellants’ counsel did not object, claiming the matter…
  • Sigifredo Benitez v. State, 57 So. 3d 939 (Fla. 3d DCA 2011)
    …tate here concedes, that the trial court’s written Order of Probation Violation did not conform to its oral pronouncements. See Wesbert v. State, 782 So. 2d 545 (Fla. 3d DCA 2001); Suarez v. State, 761 So. 2d 1266 (Fla. 3d DCA 2000); Masis v. State, 758 So. 2d 1290 (Fla. 3d DCA 2000); Salvatierra, v. State, 691 So. 2d 32 (Fla. 3d DCA 1997). [*942] Accordingly, the revocation of probation is reversed and the sentence imposed is vacated. . The affidavit alleged defendant's violation of probation by: (1) failing…

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