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

• Brock v. Casey Truck Sales, Inc.
  839 F.2d 872· 2d Cir.· 1988-01-29 ·cited 11×
  The court held that discharging employees for asserting their rights under the Fair Labor Standards Act, even if other legitimate reasons for termination exist, violates section 15(a)(3), and that restitutionary relief including back wages and prejudgment interest is appropriate.
• Drovers Bank OF Chicago v. Nat'l Bank & Tr. Co. of Chariton
  829 F.2d 20· 8th Cir.· 1987-09-18 ·cited 11×
  The court held that the written contract did not supersede the oral contract and affirmed the magistrate's interpretation of the oral contract, but reversed the award of prejudgment interest due to duplication with contract interest.
• Smith v. Am. Serv. Co. OF Atlanta, Inc.
  796 F.2d 1430· 11th Cir.· 1986-08-15 ·cited 11×
  The court held that a Title VII plaintiff's decision to attend cosmetology school was reasonable mitigation of damages, and that prejudgment interest on back pay should be redetermined based on NLRA practice.
• Underwriters Ins. Co. v. Kirkland
  490 So. 2d 149· Fla. 1st DCA· 1986-06-12 ·cited 11×
  This consolidated appeal involves disputes over a homeowners insurance policy issued to Kirkland through agent Whitman on behalf of Underwriters. The court affirmed that the policy was in effect when Kirkland's home was destroyed by fire, despite nonpayment of premiums, based on
• Chung v. Overseas Navigation Co., Ltd.
  774 F.2d 1043· 11th Cir.· 1985-10-25 ·cited 11×
  The court held that the penalty wage statute does not require signed shipping articles or a completed voyage, and that a shipowner cannot shift liability for penalty wages to a buyer through an indemnity agreement, as it violates public policy. The court also held that penalty wa
• The Valley Line Co. v. Ryan
  771 F.2d 366· 8th Cir.· 1985-08-21 ·cited 11×
  The court held that the district court erred by determining the liability for Ryan's injury, as this deprived him of his right to a jury trial, and that the district court abused its discretion by reinstating the injunction against Ryan's state court proceeding.
• Dade Nat'l Dev. Corp. & Fla. Coast Dev. Grp. v. Se. Invs. OF Palm Beach Cnty., Inc.
  471 So. 2d 113· Fla. 4th DCA· 1985-05-29 ·cited 11×
  Dade National Development Corp. and Florida Coast Development Group appealed a trial court judgment that reduced their liquidated damages recovery from $400,000 to $120,000 in actual expenses when Southeast Investments prematurely terminated real estate purchase contracts. The Fo
• United States v. Cent. Gulf Lines, Inc.
  747 F.2d 315· 5th Cir.· 1984-11-26 ·cited 11×
  The court held that the United States has standing to sue for lost cargo under the Food for Peace Program, and that survey reports and a shortlanding certificate were admissible hearsay exceptions.
• United States v. Peavey Barge Line
  748 F.2d 395· 7th Cir.· 1984-11-08 ·cited 11×
  The court held that the district court's award of damages for repair costs, including overhead, and prejudgment interest from the date of the collision was not clearly erroneous and is affirmed.
• Typographical Serv. v. Itek Corp.
  721 F.2d 1317· 11th Cir.· 1983-12-27 ·cited 11×
  The court held that the trial court did not err in its rulings regarding contract interpretation, rejection/revocation of goods, exclusion of damages evidence, fraud claims, hearsay objections, or prejudgment interest.
• The DOW Chem. Co. v. M/V Gulf Seas
  593 F.2d 613· 5th Cir.· 1979-04-19 ·cited 11×
  The court held that the trial court did not abuse its discretion in awarding prejudgment interest, as the circumstances did not justify denial.
• ORE Carriers OF Liberia, Inc. v. Navigen Co. & Navios Corp.
  435 F.2d 549· 2d Cir.· 1970-12-15 ·cited 11×
  The court held that damages should be divided equally between the shipowner and charterers, and that an award of pre-judgment interest was appropriate.
• Citizens Prop. Ins. Corp. v. Blaha
  194 So. 3d 411· Fla. 2d DCA· 2016-04-08 ·cited 10×
  Citizens Property Insurance Corporation appeals a jury verdict awarding homeowners Daniel and Clyndon Blaha $195,000 in damages plus prejudgment interest for breach of their sinkhole coverage policy. The appellate court affirmed the finding of breach but reversed and remanded reg
• D.P. "Rick" Wood v. Unknown Personal Representative OF the Estate OF Samuel E. Burnette and Sharon K. Burnette
  56 So. 3d 74· Fla. 2d DCA· 2011-02-25 ·cited 10×
  The court held that the trial court erred in failing to award prejudgment interest on liquidated damages for unpaid services, and that a remand is necessary to determine the correct date of loss.
• Roblor Mktg. Grp., Inc. v. GPS Indus., Inc.
  633 F. Supp. 2d 1341· S.D. Fla.· 2008-12-11 ·cited 10×
  The court granted defendants' motion to stay patent litigation pending the resolution of reexamination proceedings before the PTO, finding that a stay would not unduly prejudice the plaintiff and would simplify the issues in the litigation.
• Pianeta Miami, Inc. v. Lieberman
  949 So. 2d 215· Fla. 3d DCA· 2006-11-15 ·cited 10×
  Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
• Shana English v. Bankers Tr. Co. OF Cal., N.A.
  895 So. 2d 1120· Fla. 4th DCA· 2005-01-26 ·cited 10×
  A foreclosure sale is void if the fee simple owner is not joined as a party, and a subsequent foreclosure action is necessary to enforce the mortgagee's rights.
• Penalver v. Columbo
  810 So. 2d 563· Fla. 2d DCA· 2002-03-06 ·cited 10×
  Phillip Penalver appeals a child support award, challenging the circuit court's failure to deduct his own health insurance costs and state income taxes from gross income when calculating both continuing and retroactive child support obligations. The appellate court affirms the in
• Triple R Paving, Inc. v. Broward Cnty.
  774 So. 2d 50· Fla. 4th DCA· 2000-10-25 ·cited 10×
  Triple R Paving sued Broward County for delay damages arising from road construction contract performance problems, including a design flaw in bridge sight distance, FP&L utility relocation delays, and detention pond elevation issues. The court held that while a 'no damages for d
• WPB, Ltd. v. Supran
  720 So. 2d 1091· Fla. 4th DCA· 1998-08-12 ·cited 10×
  This case addresses whether Florida Statute § 687.01, which establishes a default 12% annual interest rate, applies to commercial lease security deposits when the lease requires interest to accrue but specifies no rate. The court held that the statute supplies the interest rate w
• Dean Witter Reynolds, Inc. v. Wood
  676 So. 2d 464· Fla. 5th DCA· 1996-05-31 ·cited 10×
  Dean Witter Reynolds appealed a trial court order awarding attorney's fees to Wood in a securities dispute that arose from an arbitration proceeding. The court affirmed that the trial court properly determined attorney's fees entitlement (rejecting the arbitrator's authority to a
• Gordon v. Flamingo Holding P'ship
  624 So. 2d 294· Fla. 3d DCA· 1993-08-17 ·cited 10×
  Robert Gordon sold his Caribbean Towers property with a purchase money mortgage and later sought foreclosure when the mortgagor transferred development rights from the mortgaged property to an adjacent property without his knowledge or consent, significantly impairing the collate
• McCANN v. Tex. City Ref., Inc.
  984 F.2d 667· 5th Cir.· 1993-03-01 ·cited 10×
  The court held that a party waives the right to challenge the sufficiency of evidence for willfulness on appeal if they fail to move for a directed verdict on that specific issue at trial. It also held that prejudgment interest is not recoverable when liquidated damages are award
• Gevertz v. Gevertz
  608 So. 2d 129· Fla. 3d DCA· 1992-11-10 ·cited 10×
  Sandra Gevertz appeals from a foreclosure judgment and attorney's fees award on a $20,000 mortgage loan from her in-laws. The court reverses the application of a 10% default interest rate (holding that the note's express 5.5% rate applies until paid) and the 12% interest on fees,
• Frederick Cnty. Fruit Growers Ass'n, Inc. v. Martin
  968 F.2d 1265· D.C. Cir.· 1992-07-07 ·cited 10×
  The court affirmed the district court's judgment, holding that the growers were contractually bound to pay the higher piece rate for the 1985 harvest and that the workers were entitled to restitution for the 1983 harvest despite the growers' non-party status in prior litigation.
• Holt v. Holt
  596 So. 2d 106· Fla. 1st DCA· 1992-03-11 ·cited 10×
  The appellate court affirmed the trial court's modification of spousal support but reversed on the issue of prejudgment interest, requiring the trial court to award prejudgment interest on the arrearage.
• Zapata Gulf Marine Corp. v. Puerto RICO Mar. Shipping Auth.
  925 F.2d 812· 5th Cir.· 1991-02-25 ·cited 10×
  A post-judgment motion for prejudgment interest, even on a Rule 54(b) judgment, qualifies as a Rule 59 motion, rendering any prior notice of appeal ineffective until the motion is resolved.
• Winter v. Cerro Gordo Cnty. Conservation Bd.
  925 F.2d 1069· 8th Cir.· 1991-01-09 ·cited 10×
  The court held that the discharged employee had a property interest in his job under Iowa law and was denied procedural due process, but remanded for recalculation of prejudgment interest.
• Barbano v. Madison Cnty.
  922 F.2d 139· 2d Cir.· 1990-12-28 ·cited 10×
  The court held that the district court erred in finding the Board of Supervisors guilty of sex discrimination, as the record did not support claims of discriminatory experience assessment or lack of tact by the plaintiff.
• Sweet v. Consol. Aluminum Corp. & Mfrs. Hanover Tr. Co.
  913 F.2d 268· 6th Cir.· 1990-08-14 ·cited 10×
  The majority opinion incorrectly determined that the district court abused its discretion in awarding prejudgment interest from the date the lawsuit was filed, rather than an earlier date.
• Ganot Corp. v. J.M.G. Constr. Corp.
  560 So. 2d 804· Fla. 4th DCA· 1990-04-11 ·cited 10×
  Ganot Corporation sought to recover unpaid promissory notes and sales commissions from JMG Construction. The court affirmed the award on the promissory notes but reversed the denial of prejudgment interest, holding that Ganot was not entitled to the commissions because it acted a
• J.D. Hamilton v. 1ST Source Bank
  895 F.2d 159· 4th Cir.· 1990-02-05 ·cited 10×
  The court held that the pay discrimination claim was not time-barred due to the discovery rule, but damages were limited to two years prior to the original complaint, and prejudgment interest was not recoverable on the discriminatory discharge claim where liquidated damages were
• Maulden v. Corbin
  537 So. 2d 1085· Fla. 1st DCA· 1989-01-20 ·cited 10×
  Attorney Corbin and client Maulden disputed the amount of attorney fees owed after terminating their representation relationship. The trial court awarded Corbin $15,000 in attorney fees and denied Maulden's request for fees on her successful defense of a worthless check countercl
• MOO v. A.G. Becker Paribas, Inc.
  857 F.2d 615· 9th Cir.· 1988-09-15 ·cited 10×
  The court held that Becker had sufficient notice of the non-registration claims, Hawaii law was correctly applied, and Becker was liable for violating Hawaii securities law by selling unregistered securities through an unregistered salesman, despite being a registered dealer.
• Nickson Indus., Inc. v. ROL Mfg. Co., Ltd.
  847 F.2d 795· Fed. Cir.· 1988-05-17 ·cited 10×
  The court held that the district court erred in limiting prejudgment interest without explanation and in failing to address the request for an injunction, requiring remand for reconsideration of these issues.
• Anne Needham v. White Labs., Inc.
  847 F.2d 355· 7th Cir.· 1988-05-16 ·cited 10×
  The dissenting judge argues that the jury instructions were flawed, allowing a finding of negligence based on harm to the mother rather than the plaintiff, and that the majority incorrectly applied precedent regarding foreseeability and transferred negligence.
• Scac Transp. (USA) Inc. v. S.S. "Danaos
  845 F.2d 1157· 2d Cir.· 1988-04-25 ·cited 10×
  A stevedore can be vouched into arbitration without its consent, and is bound by the arbitration award if its interests were adequately represented and it cannot show prejudice from procedural differences. Indemnity includes litigation expenses and interest paid.
• Steelmet, Inc. v. Caribe Towing Corp.
  842 F.2d 1237· 11th Cir.· 1988-04-18 ·cited 10×
  The court held that the P&I policy limit was $700,000, and the insurer is liable for interest on that amount from the date the insured became liable, not exceeding the policy limit for prejudgment interest included in the original judgment. The award under the tug's hull policy w
• Olitsky v. Spencer Gifts, Inc.
  842 F.2d 123· 5th Cir.· 1988-04-11 ·cited 10×
  The court held that the admission of an EEOC conciliation file into evidence was reversible error because it violated section 706(b) of Title VII and was not harmless error.
• Phoenix Canada OIL Co. Ltd. v. Texaco, Inc.
  842 F.2d 1466· 3d Cir.· 1988-03-30 ·cited 10×
  The court affirmed the district court's judgment in favor of Phoenix for breach of contract regarding undercalculated royalties, but vacated the judgment in favor of parent Gulf Oil Corporation and remanded for further factual development on the issue of customary agency. The cou
• Co-Operative Shippers, Inc. v. The Atchison
  840 F.2d 447· 7th Cir.· 1988-02-10 ·cited 10×
  A rail carrier can limit its liability if it provides a written agreement with the shipper and offers the shipper a full and fair opportunity to opt for full liability under 49 U.S.C. § 11707.
• Consol. Rail Corp. v. Certainteed Corp.
  835 F.2d 474· 3d Cir.· 1987-12-14 ·cited 10×
  The court held that the denial of prejudgment interest was contrary to the Interstate Commerce Act's policy of uniform treatment of shippers, and that the products were substantially similar, warranting the higher tariff.
• Wood v. Armco, Inc.
  814 F.2d 211· 5th Cir.· 1987-04-10 ·cited 10×
  The court held that the award of prejudgment interest was proper under Texas law, as the fraud claim was a tort and not subject to the lower interest rate specified for contract cases, and the district court did not err in modifying the pretrial order to include it.
• Giglio v. Weaner
  503 So. 2d 1380· Fla. 2d DCA· 1987-03-18 ·cited 10×
  A trial court may properly exclude attorney's fees incurred after the rejection of a bona fide offer of judgment when those fees are awarded pursuant to a contract.
• Eugenio Riquelme Valdes v. Leisure Res. Grp., Inc.
  810 F.2d 1345· 5th Cir.· 1987-02-25 ·cited 10×
  The court held that there was sufficient evidence to support the jury's finding of fraudulent inducement to contract but reversed the conspiracy finding due to lack of evidence of lender knowledge. The alter ego finding was also reversed due to insufficient evidence of control.
• Landau & Cleary, Ltd. v. Hribar Trucking, Inc.
  807 F.2d 91· 7th Cir.· 1986-12-03 ·cited 10×
  The court held that the district court's finding that monthly billings were not a condition precedent to payment under the oral agreement was not clearly erroneous, and affirmed the judgment on the contract claim.
• Inman Freight Sys., Inc. v. Olin Corp.
  807 F.2d 117· 8th Cir.· 1986-12-02 ·cited 10×
  The court held that Olin could not be held liable for undercharges during a specific period due to misrouting by the carrier, but affirmed liability for other periods.
• Zacco Contractors, Inc. v. Irving Tr. Co.
  488 So. 2d 616· Fla. 3d DCA· 1986-05-13 ·cited 10×
  A subcontractor awarded an equitable lien on undisbursed loan proceeds is entitled to prejudgment interest, even without privity of contract with the lender, based on the loss theory of damages.
• The Laitram Corp. & Intralox, Inc. v. Cambridge Wire Cloth Co.
  785 F.2d 292· Fed. Cir.· 1986-03-03 ·cited 10×
  The court held that the magistrate did not err in finding the patents valid and infringed, but did err in denying prejudgment interest on the damages award.
• Smith v. Indus. Constructors, Inc.
  783 F.2d 1249· 5th Cir.· 1986-03-03 ·cited 10×
  The court held that prejudgment interest was not warranted on estimated lost earnings and that deducting estimated income taxes from future lost earnings awards is consistent with Mississippi law.