Prejudgment Interest

2,312 Florida cases classified under this topic · sorted by citation count

• Exxon Corp. v. Ward
  438 So. 2d 1059· Fla. 4th DCA· 1983-10-19 ·cited 8×
  The court held that the plaintiff was entitled to prejudgment interest on the conversion claim, as damages for conversion include the fair market value of the property plus legal interest to the date of judgment.
• Sherrill White Constr., Inc. v. S.C. Nat'l Bank
  713 F.2d 1047· 4th Cir.· 1983-08-09 ·cited 8×
  The court held that the bank's actions constituted conversion, affirming the award of compensatory damages but reversing the award of punitive damages.
• Consol. Grain & Barge Co. v. Archway Fleeting & Harbor Serv., Inc.
  712 F.2d 1287· 8th Cir.· 1983-08-02 ·cited 8×
  The court held that the district court's findings of equal fault between the barge owner and the towing service were not clearly erroneous, but erred in failing to award prejudgment interest as stipulated by the parties.
• Home Sav. & Loan Ass'n OF Lawton v. Nimmo
  695 F.2d 1251· 10th Cir.· 1982-12-21 ·cited 8×
  The court held that the Veterans Administration (VA) was estopped from denying the validity of the loan guaranty and asserting sale expenses against Home Savings due to its affirmative actions and failure to disclose knowledge of forgery.
• Home Life Ins. Co. v. Equitable Equip. Co., Inc.
  694 F.2d 402· 5th Cir.· 1982-12-15 ·cited 8×
  In a diversity case, state law governs the calculation of prejudgment and postjudgment interest, including the rate, from the date of judicial demand.
• Peel v. Am. Fid. Assurance Co.
  680 F.2d 374· 5th Cir.· 1982-07-12 ·cited 8×
  The court held that the Mississippi Education Association acted as the insured's agent, imputing knowledge of policy amendments and that punitive and extra-contractual damages were not supported by the evidence.
• Ins. Fed'n OF Pa., Inc. v. Supreme Court OF Pa.
  669 F.2d 112· 3d Cir.· 1982-01-07 ·cited 8×
  The dismissal of the insurers' action challenging Rule 238 on federal constitutional grounds is affirmed, as the claims lack legal merit.
• Chelsea Title & Guar. Co. v. Turner
  389 So. 2d 691· Fla. 4th DCA· 1980-10-29 ·cited 8×
  The court held that the trial court's calculation of stock sale proceeds and the awarded interest rate were incorrect.
• E. C. Ernst, Inc. v. Koppers Co., Inc.
  626 F.2d 324· 3d Cir.· 1980-07-25 ·cited 8×
  The court held that the total cost method is permissible for proving damages under Pennsylvania law, but the plaintiff's application of it was flawed. It also held that the defendant was estopped from enforcing a contractual notice requirement for extra work due to its conduct.
• N-Ren Corp. v. Am. Home Assurance Co.
  619 F.2d 784· 8th Cir.· 1980-05-01 ·cited 8×
  The court held that design errors constituted 'external causes' leading to a covered 'collapse' under the insurance policy, and that the insured's claim for prejudgment interest was unliquidated and thus not recoverable under Minnesota law.
• Emmanuil Moutsopoulos v. Am. Mut. Ins. Co. OF Boston
  607 F.2d 1185· 7th Cir.· 1979-07-20 ·cited 8×
  Plaintiff is not entitled to prejudgment interest because there was a genuine dispute over the amount due, but is entitled to interest on the judgment from the date of the district court's entry.
• Hughes v. Irons
  370 So. 2d 76· Fla. 2d DCA· 1979-04-25 ·cited 8×
  Appellant is entitled to prejudgment interest on her liquidated claim because the misuse and diversion of her funds created a debtor-creditor relationship, even if the funds were initially held in trust.
• Lienemann v. State Farm Mut. Auto Fire & Cas. Co.
  540 F.2d 333· 8th Cir.· 1976-07-22 ·cited 8×
• REA Express, Inc. v. Interway Corp. & Integrated Container Serv., Inc.
  538 F.2d 953· 2d Cir.· 1976-07-12 ·cited 8×
  A holder of preferred stock with conversion and registration rights need not tender stock for conversion before demanding registration of the underlying common stock.
• Norfolk Shipbuilding & Drydock Corp. v. The M/Y LA Belle Simone
  537 F.2d 1201· 4th Cir.· 1976-06-02 ·cited 8×
  The court affirmed the district court's judgment, finding that the rulings on invoices, setoff for faulty workmanship, and prejudgment interest were not clearly erroneous.
• Fattore Co., Inc. v. Metro. Sewerage Comm'n OF the Cnty. OF Milwaukee
  505 F.2d 1· 7th Cir.· 1974-10-25 ·cited 8×
  The court held that a "jury verdict" for damages is permissible when precise calculation is impossible, and that prejudgment interest is appropriate when the amount owed could have been reasonably ascertained.
• Sade v. N. Natural GAS Co.
  501 F.2d 1003· 10th Cir.· 1974-08-23 ·cited 8×
  The court held that the Oklahoma statute providing for prejudgment interest on personal injury verdicts does not apply to a verdict for fraud and deceit, even if the fraud resulted in the loss of a right to recover for personal injuries.
• Slay Warehousing Co., Inc. v. Reliance Ins. Co.
  489 F.2d 214· 8th Cir.· 1974-01-02 ·cited 8×
  The court held that prejudgment interest is mandatory under Missouri law when the amount due under a written contract is readily ascertainable, even if not strictly liquidated.
• Milwaukee Gear Co. v. Charles Benjamin, Inc.
  466 F.2d 588· 3d Cir.· 1972-09-07 ·cited 8×
  The court held that the district court did not err in admitting testimony under the spontaneous utterance exception, allowing impeachment of a witness with an inconsistent report, or in its voir dire questions regarding potential insurance bias. Prejudgment interest was correctly
• Kaufman v. Diversified Indus., Inc.
  460 F.2d 1331· 2d Cir.· 1972-05-22 ·cited 8×
  The court held that the trial court erred in its calculation of damages by failing to distinguish between damages for non-tendered shares and damages for delayed tender, and that damages for delayed tender are not recoverable without proof of intent to sell.
• Laird v. Hudson Eng'g Corp.
  449 F.2d 216· 5th Cir.· 1971-09-29 ·cited 8×
  The court held that the evidence was sufficient to support the jury verdict and that the award of prejudgment interest and denial of remittitur were proper.
• Silas S. Darling and Mary J. Darling v. Scheimer
  444 F.2d 514· 9th Cir.· 1971-06-22 ·cited 8×
  The court held that a vessel drifting at sea with lights on in clear weather was not required to post a lookout, and the denial of prejudgment interest was not an abuse of discretion.
• Butler v. Scott
  417 F.2d 471· 10th Cir.· 1969-10-09 ·cited 8×
  An independent insurance agent is liable for failing to procure requested insurance coverage and for failing to inform the client of this failure, even if the agent was unaware of a restrictive endorsement on a prior policy.
• United States v. Hanna Nickel Smelting Co.
  400 F.2d 944· 9th Cir.· 1968-09-23 ·cited 8×
  The court held that the contract's accounting provisions are ambiguous and require interpretation under generally accepted accounting principles, but not necessarily those unique to the smelting industry.
• Spurgeon v. DELTA Steamship Lines
  387 F.2d 358· 2d Cir.· 1967-12-12 ·cited 8×
  The court should have remanded for specific findings on the computation of pre-judgment interest awarded in an admiralty action.
• Bradbury v. Dennis
  368 F.2d 905· 10th Cir.· 1966-10-25 ·cited 8×
  The court held that the trial court correctly determined the transaction was a loan, the cause of action for money had and received was assignable and not barred by the statute of limitations, and that pre-judgment interest was not recoverable under Colorado law.
• Noel v. United Aircraft Corp.
  359 F.2d 671· 3d Cir.· 1966-04-21 ·cited 8×
  The appellate court held that the District Court failed to follow the mandate on remand by inadequately re-assessing damages, specifically by not properly accounting for the previously excluded five-year period and prejudgment interest.
• Joseph E. Bennett Co., Inc. v. Trio Indus., Inc.
  306 F.2d 546· 1st Cir.· 1962-08-08 ·cited 8×
  The court held that the judgment entered for the plaintiff was a final decision appealable under 28 U.S.C. § 1291, despite an unadjudicated counterclaim, because all claims were effectively decided.
• LEE v. Terminal Transp. Co., Inc.
  301 F.2d 234· 7th Cir.· 1962-03-21 ·cited 8×
  The court held that neither the district court nor the appellate court could amend its mandate to include interest on judgments when the original mandate did not provide for it, especially after the judgments were paid.
• Escadote I Corp. v. Ocean Three Ltd. P'ship
  211 So. 3d 1059· Fla. 3d DCA· 2016-12-21 ·cited 7×
  Escadote I Corp. appeals a trial court's decision to allow a $375,000 collateral set-off against a $2.05 million jury verdict, claiming that $374,500 of the settlement with the condominium association was allocated to statutory attorney's fees unique to that claim and should not
• Errol Rainess v. In re Est. OF Keiko MacHida
  81 So. 3d 504· Fla. 3d DCA· 2012-02-01 ·cited 7×
  The Florida District Court of Appeal addresses whether a bank properly interpleaded an IRA account worth over $1.5 million following the death of the account holder, Keiko Machida. The court upholds the bank's right to interplead the entire fund based on reasonable fear of multip
• Masztal v. The City OF Miami
  971 So. 2d 803· Fla. 3d DCA· 2007-08-08 ·cited 7×
  Class action plaintiffs and their counsel settled individual claims for $7 million without class certification or judicial approval, receiving a grossly disproportionate settlement while the class could have recovered $24-70 million. The court affirmed the trial court's vacation
• Willis v. RED Reef, Inc.
  921 So. 2d 681· Fla. 4th DCA· 2006-01-25 ·cited 7×
  The Willises and Giacomino appealed a judgment finding them liable for fraudulent transfers of corporate assets and imposing an equitable lien on the Willises' homestead property. The Fourth District Court of Appeal affirmed the fraudulent transfer liability but reversed the impo
• Burns Int'l Sec. Servs. Inc. OF Fla. v. Philadelphia Indem. Ins. Co.
  899 So. 2d 361· Fla. 4th DCA· 2005-03-23 ·cited 7×
  Burns International Security Services appeals a judgment for breach of its security contract at an industrial park where merchandise was stolen. The Fourth District affirmed Burns's liability for negligent security services but reversed and remanded on the calculation of damages
• Armstrong v. Charlotte Cnty. Bd. of Cnty. Comm'rs
  273 F. Supp. 2d 1312· M.D. Fla.· 2003-04-10 ·cited 7×
  The court granted plaintiff's motion for front pay and prejudgment interest, awarding front pay for two years and prejudgment interest at 6.0% on the back pay award.
• Fid. & Guar. Ins. Underwriters, Inc. v. Federated Dep't Stores, Inc.
  845 So. 2d 896· Fla. 3d DCA· 2003-03-05 ·cited 7×
  USF & G insurance companies appealed a summary judgment finding that Bloomingdale's and Bernard Kroll were entitled to insurance coverage under a completed operations policy for Hurricane Andrew damage to a Bloomingdale's store. The court affirmed coverage but reversed the denial
• Arwood v. Dunn (In Re Caribbean K Line
  288 B.R. 908· S.D. Fla.· 2002-12-26 ·cited 7×
  The court affirmed the bankruptcy court's determination that the trustee had standing and that personal benefit was not required for liability, but remanded issues regarding prejudgment interest and reversed the dismissal of the civil theft claim.
• Cochran v. Cochran
  819 So. 2d 863· Fla. 3d DCA· 2002-05-29 ·cited 7×
  In this family law appeal, the former husband challenges a dissolution of marriage judgment while the former wife cross-appeals. The court affirmed the award of permanent alimony based on imputed income from voluntary underemployment, but reversed the denial of prejudgment intere
• Alvarez v. Alvarez
  800 So. 2d 280· Fla. 3d DCA· 2001-10-17 ·cited 7×
  In this Florida appellate case involving disputes over land development agreements, the court reversed the trial court's dismissal of claims regarding Lots 2 and 3 based on the statute of frauds, finding that an oral agreement to perform labor and services is distinguishable from
• Liberty Mut. Ins. Co. v. Alvarez
  785 So. 2d 700· Fla. 3d DCA· 2001-05-23 ·cited 7×
  Liberty Mutual Insurance Company appealed an order awarding pre-judgment interest and attorney's fees in a hurricane-related property damage insurance dispute. The court reversed the pre-judgment interest award but affirmed and clarified the award of attorney's fees for services
• The Aries Ins. Co. v. Hercas Corp.
  781 So. 2d 429· Fla. 3d DCA· 2001-02-14 ·cited 7×
  An insurance company and insured disagreed over appraisal damages following property losses. The appellate court reversed the trial court's award of prejudgment interest from the date of loss, holding that interest accrues from the appraisal award date when damages are liquidated
• Budget Rent-A-Car Sys., Inc. v. Castellano
  764 So. 2d 889· Fla. 4th DCA· 2000-08-09 ·cited 7×
  Budget Rent-A-Car appeals a jury verdict awarding damages to the Castellanos for injuries sustained in a car accident, challenging the trial court's refusal to offset the award by available PIP and medpay benefits and its award of prejudgment interest from the verdict date. The c
• Quinton Dryden v. Madison Cnty.
  696 So. 2d 728· Fla.· 1997-05-15 ·cited 7×
  A governmental entity need not refund proceeds from a special assessment later determined to be illegal if the assessment was non-discriminatory, conferred a commensurate benefit, and the entity acted in good faith.
• K & M Elec. Supply, Inc. v. Moduplex Corp.
  686 So. 2d 717· Fla. 4th DCA· 1997-01-02 ·cited 7×
  In this commercial dispute, K & M Electric Supply appealed a trial court judgment concerning materials supplied by Graybar Electric Company and quantum meruit damages owed by Moduplex Corporation. The Fourth District affirmed the trial court's finding that Graybar's monies were n
• Greenberg v. Grossman
  683 So. 2d 156· Fla. 3d DCA· 1996-10-30 ·cited 7×
  Appellants appealed a trial court's judgment that awarded damages for fraud, civil theft, breach of fiduciary duty, and punitive damages but refused to award prejudgment interest. The appellate court affirmed the damage calculation but reversed and remanded regarding prejudgment
• Tampa Pipeline Transp. Co. v. Chase Manhattan Serv. Corp.
  928 F. Supp. 1568· M.D. Fla.· 1995-03-27 ·cited 7×
  The court held that the defendant breached the agreement to assign promissory notes by failing to deliver them, but the plaintiffs could not recover full benefit-of-the-bargain damages due to failure to mitigate.
• Small Bus. Admin. v. Echevarria
  864 F. Supp. 1254· S.D. Fla.· 1994-09-09 ·cited 7×
  The court held that the SBA, as receiver, could pursue state tort claims for damages arising from violations of SBA regulations, and found that Alexander Echevarria committed conversion and civil theft, while Guido Echevarria committed conversion, but Mercedes Echevarria did not.
• Robinson v. Se. Pa. Transp. Auth.
  982 F.2d 892· 3d Cir.· 1993-01-08 ·cited 7×
  The court held that SEPTA's retaliation against Robinson for protected activities under Title VII was supported by substantial evidence, but erred in awarding prejudgment interest based on a misinterpretation of a stipulation and in reducing the backpay award for income taxes and
• In re Dep't OF Energy Stripper Well Exemption Litig. Chevron U.S.A., Inc. v. Dep't OF Energy
  944 F.2d 914· Temp. Emer. Ct. App.· 1991-09-19 ·cited 7×
  The court held that DOE's policy rates were a reasonable basis for calculating prejudgment interest, the preliminary injunction order controlled fund allocation overriding the United States Rule, and Chevron could not retroactively alter property designations to minimize liabilit
• Corn v. City of Lauderdale Lakes
  771 F. Supp. 1557· S.D. Fla.· 1991-08-30 ·cited 7×
  The court held that the city acted arbitrarily and capriciously in denying the plaintiff's development plan, constituting a violation of substantive due process, and that the plaintiff had a constitutionally protected property interest.