Loss Theory Of Prejudgment Interest

16 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Amerace Corp. v. Stallings
  823 So. 2d 110· Fla.· 2002-06-13 ·cited 42×
  The Florida Supreme Court resolved a conflict between district courts regarding whether plaintiffs in personal injury cases may recover prejudgment interest from the date of a jury verdict until entry of final judgment. The Court held that interest does not accrue until judgment
• Gus Boulis v. Fla. Dep't OF Transp.
  733 So. 2d 959· Fla.· 1999-04-01 ·cited 24×
  The Florida Supreme Court held that property owners in eminent domain proceedings are entitled to prejudgment interest on reasonable costs (such as expert witness and appraisal fees) incurred in defending against the taking, provided those costs were actually paid before judgment
• AIR Ambulance Prof'ls, Inc. v. Thin AIR
  809 So. 2d 28· Fla. 4th DCA· 2002-01-30 ·cited 21×
  Two former business partners engaged in a dispute over aircraft charter payments and management. The court affirmed the jury's liability findings but reversed punitive damages awards and certain prejudgment interest awards, finding insufficient evidence of the gross and flagrant
• COE v. Abdo
  790 So. 2d 1276· Fla. 4th DCA· 2001-08-15 ·cited 13×
  A marital settlement agreement, incorporated into a divorce decree, is governed by contract principles, not equitable discretion, and thus requires awarding interest and attorney's fees as stipulated in the contract.
• Offs. Togolais Des Phosphates v. Mulberry Phosphates, Inc.
  62 F. Supp. 2d 1316· M.D. Fla.· 1999-07-07 ·cited 11×
  The court held that the transaction was an oral agreement for the sale of goods with an open price term, not a joint venture, and determined a reasonable price for the goods based on market value.
• The Burton Fam. P'ship v. Luani Plaza, Inc.
  276 So. 3d 920· Fla. 3d DCA· 2019-07-03 ·cited 9×
  The appellate court affirmed an award of attorney's fees, including fees for litigating the amount of fees, but reversed the prejudgment interest awarded on those fees. The court clarified that prejudgment interest on attorney's fees should only accrue from the date entitlement i
• R.J. Reynolds Tobacco Co. v. Lewis
  275 So. 3d 747· Fla. 5th DCA· 2019-06-14 ·cited 6×
  The appellate court reversed a trial court's award of attorney's fees to the plaintiff, finding that costs for non-testifying expert witnesses should not have been included in the calculation for entitlement to fees. The court also reversed a cost award for proportionate multi-ca
• Nielsen-Miller Constr. Co. v. Pantlin/Prescott, Inc.
  602 So. 2d 1366· Fla. 4th DCA· 1992-07-29 ·cited 6×
  A promissory note that is silent on the subject of interest does not waive post-default interest, and the statutory rate applies to post-judgment interest when the note specifies no rate.
• Ariz. Chem. Co., LLC v. Mohawk Indus., Inc.
  197 So. 3d 99· Fla. 1st DCA· 2016-07-18 ·cited 4×
  Arizona Chemical appeals a prejudgment interest award to Mohawk Industries, arguing the trial court improperly awarded interest from the date of breach rather than the date Mohawk actually suffered pecuniary losses. The appellate court agrees and reverses, holding that under Flor
• Miller v. Transflorida Bank
  656 So. 2d 1364· Fla. 4th DCA· 1995-06-28 ·cited 4×
  On remand from a prior appeal, the trial court awarded attorney's fees to Miller under section 57.105(1), Florida Statutes, after his complaint was dismissed as presenting no justiciable issues. Miller appealed, challenging the adequacy of the trial court's findings and seeking p
• Crockett v. State Farm Fire & Cas. Co.
  849 F.2d 1369· 11th Cir.· 1988-07-20 ·cited 3×
  The court held that the insurer was not entitled to a setoff for amounts beyond the policy limit or for expenses incurred in purchasing the mortgage, and that prejudgment interest was properly awarded on the full claim amount.
• Venn v. St. Paul Fire & Marine Ins. Co.
  169 B.R. 735· N.D. Fla.· 1994-05-09 ·cited 2×
  A plaintiff is not entitled to prejudgment interest on a damages award in a bad faith claim under Florida law unless the plaintiff has suffered an actual, out-of-pocket pecuniary loss prior to judgment.
• Stewart v. Mishelle Addys Perdomo Vindel
  Fla.· 2026-07-09
  Trial courts have discretionary authority under section 61.075 to award prejudgment interest as a remedy to achieve equity in distributing marital property, but such awards are not automatic entitlements and must be supported by facts or circumstances justifying the award. The st
• Beem v. Ferguson
  Fla. 3d DCA· 2020-03-04
  This case involves a dispute between former business partners, David Beem and Gary Ferguson, and Beem's claims against Gary's wife, Kim Ferguson. The appellate court affirmed most of the trial court's orders, including attorney's fees awarded to Mrs. Ferguson, but reversed and re
• R.J. Reynolds Tobacco Co. v. Lewis
  Fla. 5th DCA· 2019-06-14
  The appellate court reversed a trial court's award of attorney's fees and a portion of costs to the plaintiff, finding that costs for non-testifying expert witnesses and proportionate costs from a prior settlement were improperly included. The court also remanded for the inclusio
• Bodine v. Fed. Kemper Life Assurance Co.
  138 B.R. 88· M.D. Fla.· 1992-04-02
  The court held that the attorney's charging lien should be calculated on a quantum meruit basis, and prejudgment interest should accrue from the date of the attorney's discharge, not the initial trial judgment.