Prejudgment Interest

2,315 Florida cases classified under this topic, plus 3 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Rose v. Ditto
  804 So. 2d 351· Fla. 4th DCA· 2001-08-29 ·cited 15×
  In a post-divorce child support dispute, the Fourth District Court of Appeal reversed a judgment awarding a former wife $62,788.75 in arrearages plus interest and attorney's fees, holding that the former husband's two-day delay in paying a $10,000 installment under a mediation ag
• Kuhnlein v. Dep't OF Revenue
  662 So. 2d 308· Fla.· 1995-06-09 ·cited 15×
  The Florida Supreme Court held that taxpayers seeking refunds are not entitled to prejudgment interest, and are not entitled to postjudgment interest because there is no final money judgment. The Court affirmed the circuit court's denial of both prejudgment and postjudgment inter
• Indian River Colony Club, Inc. v. Schopke Constr. & Eng'g, Inc.
  592 So. 2d 1185· Fla. 5th DCA· 1992-01-17 ·cited 15×
  Indian River Colony Club appealed a breach of contract judgment awarding Schopke Construction the entire remaining balance of a construction management contract ($235,000) after IRCC terminated Schopke for poor performance. The appellate court reversed, holding that Schopke must
• Leroy v. The City OF Houston
  906 F.2d 1068· 5th Cir.· 1990-07-30 ·cited 15×
  The court held that the district court erred in awarding interest from a date prior to the mandate and in including expenses that were part of a vacated judgment, but did not err in awarding attorneys' fees for services rendered after the prior mandate.
• Barnes Surgical Specialties, Inc. v. Bradshaw
  549 So. 2d 1189· Fla. 2d DCA· 1989-10-13 ·cited 15×
  Barnes Surgical Specialties and its founder F. Wayne Barnes appealed a judgment awarding E. Randall Bradshaw unpaid commissions under an alleged oral agreement. The court affirmed the judgment against Barnes individually and reversed the trial court's characterization of Bradshaw
• Frank Music Corp. v. Metro-Goldwyn-Mayer Inc.
  886 F.2d 1545· 9th Cir.· 1989-09-27 ·cited 15×
  The Ninth Circuit held that prejudgment interest is available under the Copyright Act of 1909 and reversed the district court's finding of no substantial connection between MGM, Inc. and MGM Grand, making MGM, Inc. jointly liable for infringement.
• In re Olson
  884 F.2d 1415· D.C. Cir.· 1989-09-08 ·cited 15×
  The court held that attorneys' fees incurred during the preliminary investigation by the Department of Justice are not compensable under the Ethics in Government Act, but fees incurred during the Independent Counsel's investigation, particularly those related to opposing expanded
• Trinidad Corp. v. S.S. Keiyoh Maru
  845 F.2d 818· 9th Cir.· 1988-04-25 ·cited 15×
  The court held that the KEIYOH MARU was entirely at fault for the collision because it violated navigational rules by traversing restricted areas, and the FORT WORTH's statutory violations did not contribute to the accident.
• Green v. USX Corp.
  843 F.2d 1511· 3d Cir.· 1988-03-29 ·cited 15×
  The court held that the district court abused its discretion in denying class front pay, and should have awarded mitigated wages for two years.
• Brock v. Richardson
  812 F.2d 121· 3d Cir.· 1987-02-18 ·cited 15×
  An employer violates the Fair Labor Standards Act's anti-retaliation provision by discharging an employee based on a mistaken belief that the employee engaged in protected activity. Back pay awards under the FLSA should be presumed to carry both pre-judgment and post-judgment int
• United States v. Sutton
  795 F.2d 1040· Temp. Emer. Ct. App.· 1986-06-11 ·cited 15×
  The court affirmed in part and reversed in part, remanding for recalculation of the award based on specific evidentiary issues.
• Domar Ocean Transp., Ltd. v. M/V Andrew Martin
  754 F.2d 616· 5th Cir.· 1985-03-08 ·cited 15×
  The court held that a tug and barge operated as an integrated unit can recover for loss of use of the undamaged vessel when the other vessel in the unit sustains physical damage, and that certain delays during repairs should be included in detention damages.
• Harbor TUG & Barge, Inc. v. Belcher Towing Co.
  733 F.2d 823· 11th Cir.· 1984-06-04 ·cited 15×
  The court affirmed the district court's apportionment of damages, holding that the trial court did not err in assigning 75% liability to Belcher Towing Company for supplying an underpowered tug without disclosing its failing, which was the main cause of the collision.
• Citizens Fed. Sav. & Loan Ass'n OF ST. Lucie Cnty. v. Loeb Rhoades
  473 So. 2d 679· Fla. 4th DCA· 1984-05-09 ·cited 15×
  Citizens Federal Savings & Loan Association appealed a trial court judgment that awarded damages to both Citizens against Loeb Rhoades and to Loeb Rhoades on its counterclaim, along with attorneys' fees to both parties. The Fourth District Court of Appeal reversed the award of at
• United States v. Hannon
  728 F.2d 142· 2d Cir.· 1984-02-16 ·cited 15×
  The court held that a second judgment may enter to include interest accrued on the first judgment, particularly when renewing a judgment lien.
• Donovan v. W.P. Pointon, Jr.
  717 F.2d 1320· 10th Cir.· 1983-09-22 ·cited 15×
  The court held that the employer's land development business was subject to the Fair Labor Standards Act, and his failure to pay overtime was a willful violation, affirming the district court's judgment.
• The Union Bank OF Benton v. The First Nat'l Bank IN Mount Pleasant
  677 F.2d 1074· 5th Cir.· 1982-06-09 ·cited 15×
  The court held that the bank was entitled to prejudgment interest as a matter of right because the damages were ascertainable at a definite time due to the statutory violation. The district court must determine the rate and accrual date on remand.
• Neimark v. John H. Abramson & Lani Abramson
  403 So. 2d 1057· Fla. 3d DCA· 1981-09-08 ·cited 15×
  Neimark appeals from a judgment awarding the Abramsons damages for breach of an investment management agreement. The appellate court affirmed liability but reversed and remanded regarding the calculation of prejudgment interest and the award of costs.
• Heritage Homes OF Attleboro, Inc. v. The Seekonk Water Dist.
  648 F.2d 761· 1st Cir.· 1981-03-31 ·cited 15×
  The court held that the district court erred in denying all compensatory damages based on a 'passing on' theory, and that punitive damages were appropriate given the egregious nature of the discrimination.
• Robinson v. Fernanda Peterson
  375 So. 2d 294· Fla. 2d DCA· 1979-05-30 ·cited 15×
  A lessor is entitled to prejudgment interest on unpaid rent installments from the date they become due, as such claims are liquidated.
• Janet M. d'Hedouville v. Pioneer Hotel Co. & Pioneer Hotel Props.
  552 F.2d 886· 9th Cir.· 1977-04-26 ·cited 15×
  The court affirmed judgments against Monsanto, finding sufficient evidence for strict liability, rejecting claims of error in jury instructions and evidence admission, and upholding awards for wrongful death and property damage.
• Sommer Corp. v. Panama Canal Co.
  475 F.2d 292· 5th Cir.· 1973-03-05 ·cited 15×
  The court held that the Panama Canal Company could not limit its liability to $500 per package because the shipper-consignee was not afforded a fair opportunity to declare a higher value for the cargo, given the unique circumstances of the through shipment and billing process.
• Bott v. Am. Hydrocarbon Corp.
  458 F.2d 229· 5th Cir.· 1972-04-11 ·cited 15×
• Srybnik v. ICE Tower, Inc.
  183 So. 2d 224· Fla. 3d DCA· 1966-02-08 ·cited 15×
  This case involves a dispute over damages and set-offs following a contract for the sale of vending machines. The appellate court affirmed the trial court's decision regarding damages and pre-judgment interest but reversed on the issue of a set-off, remanding for modification of
• Lauderdale Marine Ctr., Ltd. v. MYD Marine Distribs., Inc.
  31 So. 3d 256· Fla. 4th DCA· 2010-03-24 ·cited 14×
  The court held that prejudgment interest cannot be awarded on anticipated future profits that cannot be fixed to a certain date, and that it lacked jurisdiction to review arguments regarding the attorneys' fee hearing because it occurred after the notice of appeal.
• Sharrard v. Ligon
  892 So. 2d 1092· Fla. 2d DCA· 2004-11-05 ·cited 14×
  A contractor filed a fraudulent construction lien by including nonexistent workers' compensation insurance premiums in the amount claimed. The appellate court reversed the trial court's judgment foreclosing the lien, finding the lien fraudulent and unenforceable under Florida's c
• J. Sourini Painting, Inc. v. Johnson Paints, Inc.
  809 So. 2d 95· Fla. 2d DCA· 2002-02-27 ·cited 14×
  The court held that the trial court's contradictory findings and legal conclusions prevented appellate review, requiring vacation of the judgment and remand for a new trial.
• Arabia v. Siedlecki
  789 So. 2d 380· Fla. 4th DCA· 2001-03-28 ·cited 14×
  A Florida appellate court reversed a trial court's award of $1,000,000 in attorney's fees to a law firm that represented a client on a contingency basis, holding that the fee must be limited to 25% of the actual settlement amount ($3,750,000), reduced by reasonable appellate fees
• Joal Wiederhold v. Wiederhold
  696 So. 2d 923· Fla. 4th DCA· 1997-07-09 ·cited 14×
  On remand from a prior appeal, the trial court awarded attorney's fees and costs to the wife in a dissolution case but failed to award prejudgment interest and significantly reduced the expert accountant's fee award. The appellate court reversed the prejudgment interest omission
• Manfred Bremshey v. Morrison
  621 So. 2d 717· Fla. 5th DCA· 1993-05-21 ·cited 14×
  Bremshey appeals a trial court's award of attorney's fees under Florida Statute § 57.105 and prejudgment interest on those fees. The appellate court affirmed the attorney's fees award but reversed the prejudgment interest award, holding that when a court simultaneously determines
• Spaulding v. Albertson's, Inc.
  610 So. 2d 721· Fla. 1st DCA· 1992-12-29 ·cited 14×
  A workers' compensation claimant appeals a judge of compensation claims' determination of appellate attorney's fees, challenging both the methodology for calculating the fee amount and the date from which interest should accrue. The court reverses the fee calculation but affirms
• Garnac Grain Co., Inc. v. F.Duane Blackley
  932 F.2d 1563· 8th Cir.· 1991-05-17 ·cited 14×
  The court held that the exclusion of Professor Howard Stettler's expert testimony was an abuse of discretion, requiring reversal of summary judgment on earlier claims, but affirmed the exclusion of other expert testimony and the dismissal of a contract counterclaim.
• Equal Emp. Opportunity Comm'n v. J.M. Huber Corp.
  927 F.2d 1322· 5th Cir.· 1991-04-09 ·cited 14×
  The court held that the district court erred in granting summary judgment for the EEOC because the employer presented a legitimate, non-retaliatory business reason for withholding benefits, and the EEOC failed to prove this reason was a pretext or unrelated to a legitimate busine
• Roger Dean Chevrolet, Inc. v. Lashley
  580 So. 2d 171· Fla. 4th DCA· 1991-03-13 ·cited 14×
  Roger Dean Chevrolet appeals a judgment awarding damages to James Lashley and Lashley Enterprises for breach of contract after delivering non-refrigerated trucks instead of the refrigerated trucks ordered for a meat transport business. The court affirms, holding that the amendmen
• Commercial Credit Equip. Corp. v. Stamps
  920 F.2d 1361· 7th Cir.· 1990-12-27 ·cited 14×
  The court held that while compensatory damages for fraud and conversion were supported by the evidence, punitive damages and prejudgment interest were improperly awarded. Costs for videotaping depositions were allowed, but not for their transcripts.
• Chamberlin v. 101 Realty, Inc.
  915 F.2d 777· 1st Cir.· 1990-10-03 ·cited 14×
  The court affirmed the district court's finding of quid pro quo sexual harassment under Title VII and wrongful discharge under New Hampshire law, finding that the plaintiff's termination was a result of her resistance to sexual advances, not her job performance.
• Lou Gallegos v. Lyng
  891 F.2d 788· 10th Cir.· 1989-12-15 ·cited 14×
  The court affirmed the district court's ruling that the food stamp mail loss regulation was not arbitrary and capricious but reversed the ruling prohibiting the federal government from charging interest on New Mexico's debt.
• Bill's Coal Co., Inc. v. Bd. OF Pub. Utils. OF Springfield
  887 F.2d 242· 10th Cir.· 1989-10-06 ·cited 14×
  The court held that sellers were not entitled to lost profits damages under UCC § 2-708(2) and that certain expenses were not recoverable as incidental damages. The court also affirmed the denial of attorney's fees and the rejection of the purchaser's bad faith and nonconforming
• Adams v. Johns-Manville Corp.
  876 F.2d 702· 9th Cir.· 1989-05-26 ·cited 14×
  The court held that Raymark entered into an enforceable settlement agreement through acceptance by silence and equitable estoppel, was not entitled to a jury trial on the enforcement issue, and that the award of prejudgment interest was proper.
• DeRANCE, Inc. v. Painewebber Inc.
  872 F.2d 1312· 7th Cir.· 1989-04-24 ·cited 14×
  The court held that there was sufficient evidence to support the jury's finding of fraud and breach of fiduciary duty, and that the jury instructions regarding fiduciary obligations were proper. The court did, however, remit the punitive damages award against PaineWebber.
• John Temple v. Marianna Temple
  539 So. 2d 564· Fla. 4th DCA· 1989-03-08 ·cited 14×
  The court held that prejudgment interest cannot be assessed on attorney's fees because they are considered litigation costs, not liquidated damages.
• Messer v. E.F. Hutton & Co.
  833 F.2d 909· 11th Cir.· 1987-12-07 ·cited 14×
  The court held that the plaintiff could not recover under Rule 10b-5 because he failed to prove loss causation, and that the Commodity Exchange Act claim also failed for the same reason.
• Lucien J. Harmon and Bernice F. Harmon v. Grande Tire Co., Inc.
  821 F.2d 252· 5th Cir.· 1987-07-13 ·cited 14×
  The court held that the Texas Supreme Court would not, as a matter of law, forbid recovery of mental anguish damages by a wife whose husband was injured, even if she did not witness the accident or her husband did not die.
• United States v. Gregory
  818 F.2d 1114· 4th Cir.· 1987-05-19 ·cited 14×
  The court held that road deputy positions are not part of the sheriff's personal staff exempt from Title VII, and that the sheriff failed to prove gender was a bona fide occupational qualification for correctional officers.
• George Hyman Constr. Co. v. Wash. Metro. Area Transit Auth.
  816 F.2d 753· D.C. Cir.· 1987-04-21 ·cited 14×
  The court affirmed the district court's decision, holding that Hyman is entitled to recover home office overhead costs calculated by the Eichleay formula, but is not entitled to recover the cost of equity capital due to WMATA's sovereign immunity.
• In re Est. OF Roberto LEE v. Nat'l Flood Ins. Program & Fed. Emergency Mgmt. Agency
  812 F.2d 253· 5th Cir.· 1987-03-17 ·cited 14×
  The court held that prejudgment interest cannot be awarded against FEMA under the National Flood Insurance Act without express statutory authorization, and attorney fees under the EAJA cannot be based solely on a contingency fee agreement without considering statutory limits.
• Bio-Rad Labs., Inc. v. Nicolet Instrument Corp.
  807 F.2d 964· Fed. Cir.· 1986-12-16 ·cited 14×
• Wilson v. Burlington N. R.R. Co.
  803 F.2d 563· 10th Cir.· 1986-10-10 ·cited 14×
  Federal courts cannot award prejudgment interest in actions brought under the Federal Employer's Liability Act (FELA).
• Pickle v. Int'l Oilfield Divers, Inc.
  791 F.2d 1237· 5th Cir.· 1986-06-16 ·cited 14×
  The court held that prejudgment interest should not be awarded on future damages, and that the structuring of reimbursements to insurers requires further consideration by the district court.
• Oglebay Norton Co. v. CSX Corp.
  788 F.2d 361· 6th Cir.· 1986-04-14 ·cited 14×
  A wharfinger's breach of the implied warranty of workmanlike service entitles a shipowner to indemnity, and the shipowner's negligence does not preclude recovery unless it prevents or seriously hampers the wharfinger's performance.