Prejudgment Interest

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

• Magner v. Merrill Lynch Realty/MCK, Inc.
  585 So. 2d 1040· Fla. 4th DCA· 1991-08-28 ·cited 7×
  A real estate brokerage sued to recover commissions after homeowners withdrew a listing but excepted certain buyers. The trial court allowed amendment of pleadings at trial to add a conspiracy claim against all defendants and awarded damages. The appellate court affirmed compensa
• Anderson v. Whittaker Corp.
  894 F.2d 804· 6th Cir.· 1990-01-18 ·cited 7×
  Prejudgment interest is available in general maritime wrongful death actions absent peculiar circumstances, and mutual fault does not constitute such a circumstance. Non-dependent parents cannot recover for loss of society.
• Fromson v. Citiplate, Inc.
  886 F.2d 1300· Fed. Cir.· 1989-10-02 ·cited 7×
  The court affirmed the district court's judgment, holding that the patent claims were valid and infringed, awarding damages and attorney fees, and holding individual officers personally liable. The court also affirmed the criticism of counsel's discovery conduct.
• Columbia Cas. Co. v. S. Flapjacks, Inc.
  868 F.2d 1217· 11th Cir.· 1989-03-28 ·cited 7×
  Florida law entitles an insured to prejudgment interest on an insurance loss award from the date the proceeds became due under the policy, not from the date of an appraisal award if the policy obligates payment sooner.
• The Travelers Indem. Co. v. Duffy's Little Tavern, Inc.
  541 So. 2d 689· Fla. 5th DCA· 1989-03-23 ·cited 7×
  The court held that prejudgment interest should be calculated from the date proceeds were due under the policy, not the date of loss, and that attorney's fees require specific findings by the trial court.
• E.B. Rood and David B. Webster v. McMAKIN
  538 So. 2d 125· Fla. 2d DCA· 1989-02-10 ·cited 7×
  Rood and Webster appeal from a judgment awarding McMakin a portion of attorney's fees collected in two negligence cases. The court affirms the award of fees based on quantum meruit but reverses the specific amounts awarded because the trial court failed to provide sufficient find
• Studiengesellschaft Kohle v. Dart Indus., Inc.
  862 F.2d 1564· Fed. Cir.· 1988-12-14 ·cited 7×
  The court held that the district court erred in rejecting the special master's findings on the measure of damages and enhanced damages, as the master's determinations were not clearly erroneous.
• McLaughlin v. Stineco, Inc.
  697 F. Supp. 436· M.D. Fla.· 1988-06-30 ·cited 7×
  The court held that the defendants violated the Fair Labor Standards Act by failing to pay minimum wages, overtime compensation, and by violating child labor laws and record-keeping requirements.
• Gelof v. Papineau
  829 F.2d 452· 3d Cir.· 1987-09-25 ·cited 7×
  The court should have allowed Delaware to set off unemployment compensation benefits paid to Gelof against her award.
• Nelson v. Elliott
  802 F.2d 405· 11th Cir.· 1986-10-17 ·cited 7×
  The court affirmed the district court's judgment on state law claims, including damages and injunctive relief, but vacated and remanded the award of attorney's fees for reconsideration.
• The Singer Co. v. Skil Corp.
  803 F.2d 336· 7th Cir.· 1986-10-14 ·cited 7×
  The court held that Singer was entitled to recover mistakenly paid royalties from Skil, and that Lucerne was obligated to reimburse Skil for those royalties based on their license agreement. Prejudgment interest and attorney fees were denied to Singer, and Lucerne's cross-claim a
• Int'l Cmty. Corp. v. Overstreet Paving Co.
  493 So. 2d 25· Fla. 2d DCA· 1986-07-30 ·cited 7×
  A Florida appellate court affirmed a mechanic's lien foreclosure judgment but reversed course on prejudgment interest, holding that a subcontractor is entitled to prejudgment interest against a landowner and surety despite lack of privity, in light of the Florida Supreme Court's
• Smigiel v. AETNA Cas. & Sur. Co.
  785 F.2d 922· 11th Cir.· 1986-03-31 ·cited 7×
  The court held that the sellers retained an insurable interest sufficient to recover the full amount of damages under the New York Rule, and affirmed the award of prejudgment interest.
• Leamon and Nellie Jean Chadwick v. Corbin
  476 So. 2d 1366· Fla. 1st DCA· 1985-10-18 ·cited 7×
  The Chadwicks sued their attorney Bill Corbin for negligence in preparing business sale documentation, alleging he failed to file a security interest with the Florida Secretary of State. The trial court directed a verdict for the Chadwicks on the malpractice issue and the jury aw
• M & O Marine, Inc. v. Marquette Co.
  730 F.2d 133· 3d Cir.· 1984-03-22 ·cited 7×
  The court held that an indemnitee seeking indemnification must generally prove actual liability, and the potential liability exception does not apply if the indemnitor was not given the opportunity to approve the settlement or take over the defense. The court also affirmed the di
• Polito v. Cont'l Cas. Co.
  689 F.2d 457· 3d Cir.· 1982-10-01 ·cited 7×
  The court held that the trial court should have submitted the breach of contract claim to the jury, allowing for prejudgment interest, and should have awarded attorneys' fees under the relevant court rule.
• The Life Ins. Co. OF Va. v. The Murray Inv. Co. & Murray Advisory Corp.
  646 F.2d 224· 5th Cir.· 1981-05-29 ·cited 7×
  The court held that the jury's findings of fraud were sufficient to support an award of exemplary damages, and that recent amendments to Article 2226 of the Texas Civil Statutes allowed for the recovery of attorney's fees in pending actions.
• E. S. I. Meats, Inc. v. Gulf Fla. Terminal Co. & Cont'l Ins. Co.
  639 F.2d 1348· 5th Cir.· 1981-03-20 ·cited 7×
  The court affirmed findings on causation and Borden's damages but remanded for recomputation of damages for E.S.I. and Crest, and affirmed the award of prejudgment interest.
• Inez Marie Drachenberg v. Lilly
  621 F.2d 760· 5th Cir.· 1980-07-16 ·cited 7×
  The court held that the prior ruling foreclosed re-litigation of the decedent's contributory negligence, and that the plaintiff was entitled to recover medical and funeral expenses.
• Misael Gomez Lizardi and Tanya Torres Gomez v. Federated Nat'l Ins. Co.
  322 So. 3d 184· Fla. 2d DCA· 2021-06-11 ·cited 6×
  The appellate court reversed a trial court's order on attorneys' fees, finding that the trial court failed to make specific findings justifying its reduction of the requested hourly rate and hours billed, as required by Florida law. The court also found that the trial court erred
• Gaspar's Passage v. Racetrac Petroleum, Inc.
  243 So. 3d 492· Fla. 2d DCA· 2018-04-04 ·cited 6×
  A trial court violates procedural due process and abuses its discretion when it rules on a discovery cutoff issue that was not properly noticed for hearing and served on the opposing party. A trial court must conduct a prejudice analysis under Binger v. King Pest Control before e
• Lenos Trigeorgis v. Trigeorgis
  240 So. 3d 772· Fla. 4th DCA· 2018-03-28 ·cited 6×
  Father appealed a judgment in favor of Son on a slander of title claim, while Son cross-appealed the judgment on Father's money lent counterclaim. The court reversed the slander of title judgment because Son failed to establish all required elements, particularly that Father's no
• Isaias v. The H.T. Hackney Co.
  159 So. 3d 1002· Fla. 3d DCA· 2015-03-25 ·cited 6×
  Roberto Isaías and two corporate co-defendants appeal a trial court order awarding Isaías only one-third of reasonable attorney's fees and denying any fees to the corporate defendants based on settlement proposals. The appellate court reversed, holding that all three defendants m
• Nivia Lascaibar v. Lascaibar
  156 So. 3d 547· Fla. 3d DCA· 2015-01-21 ·cited 6×
  The trial court abused its discretion by denying the mother's exceptions regarding prejudgment interest on child support arrears that accrued after a 2010 order mandating such interest.
• Bevins v. Antuna
  68 So. 3d 420· Fla. 4th DCA· 2011-09-07 ·cited 6×
• Ellie's 50'S Diner, Inc. v. Citizens Prop. Ins. Corp.
  54 So. 3d 1081· Fla. 4th DCA· 2011-03-02 ·cited 6×
  Ellie's 50's Diner appeals the denial of prejudgment interest on an insurance claim for property damage from Hurricane Wilma. The court affirmed the denial, holding that the insurance policy's thirty-day payment provision after the appraisal award controlled when interest accrued
• Sec. & Exch. Comm'n v. Solow
  682 F. Supp. 2d 1312· S.D. Fla.· 2010-01-22 ·cited 6×
  The court found the defendant in civil contempt for failing to comply with the final judgment, as his claimed inability to pay was self-created through dissipation of assets.
• Citizens Prop. Ins. Corp. v. Cuban-Hebrew Congregation of Miami, Inc.
  5 So. 3d 709· Fla. 3d DCA· 2009-02-11 ·cited 6×
  Citizens Property Insurance Corporation appeals a judgment requiring it to pay the full appraisal award for hurricane damage to an insured property. The court reverses, holding that an insurer may reduce an appraisal award by the policy deductible and prior payments made, even wh
• Hi-Shear Tech. Corp. v. United Space Alliance, LLC
  1 So. 3d 195· Fla. 5th DCA· 2008-11-14 ·cited 6×
  Hi-Shear Technology Corporation appealed a jury verdict finding it violated the Hobbs Act by conditioning delivery of critical space shuttle components on receiving an unrelated contract award. The court affirmed, holding that Hi-Shear lacked legal entitlement to the bonnet thrus
• 316, Inc. v. Md. Cas. Co.
  625 F. Supp. 2d 1187· N.D. Fla.· 2008-08-21 ·cited 6×
  The court held that a claim for bad faith under Florida Statute § 624.155 is premature if filed before the extent of damages owed under the insurance policy has been determined, especially when the insurer has invoked the policy's appraisal process in good faith.
• Port-A-Weld, Inc. v. Padula & Wadsworth Constr., Inc.
  984 So. 2d 564· Fla. 4th DCA· 2008-05-21 ·cited 6×
  Port-A-Weld, a subcontractor, sued Padula & Wadsworth Construction for unpaid contract amounts. The trial court awarded Port-A-Weld most of its claim but designated Padula the prevailing party under a 75% threshold clause in their subcontract, denying Port-A-Weld attorney's fees.
• Valdes v. Galco Constr. & GAB
  922 So. 2d 252· Fla. 1st DCA· 2006-01-26 ·cited 6×
  Jose Valdes appeals a workers' compensation attorney's fee award of $10,000, arguing it is inadequate under Florida's statutory guidelines. The First District Court of Appeal vacates and remands, holding that the judge of compensation claims erred by improperly reducing the fee b
• Mobley v. Mobley
  920 So. 2d 97· Fla. 5th DCA· 2006-01-20 ·cited 6×
  Edwin Mobley appeals an amended final judgment of dissolution of marriage that required him to pay his former wife $4,409 representing half the value of two marital assets (a deferred compensation plan and Texaco stock) that he had liquidated without sharing the proceeds during t
• Rosen Bldg. Supplies, Inc. v. Krupa
  927 So. 2d 899· Fla. 4th DCA· 2005-09-07 ·cited 6×
  The appellate court reviewed the trial court's award of costs and attorney's fees to an employee who partially prevailed on a wage claim against his former employer, considering whether the claims were inextricably intertwined.
• Michael David Ivey, Inc. v. Salazar
  903 So. 2d 329· Fla. 5th DCA· 2005-06-10 ·cited 6×
  Michael David Ivey, Inc. appeals a trial court judgment in a construction dispute where Ivey prevailed on a mechanic's lien claim for $96,453.55 but was offset by the Salazars' counterclaim award of $50,000 for defective work. The appellate court reverses in part, holding that Iv
• Daiwa Prods., Inc. v. Nationsbank, N.A.
  885 So. 2d 884· Fla. 4th DCA· 2004-09-01 ·cited 6×
  Daiwa Products sought to enjoin payment on a letter of credit after discovering the beneficiary (SAAT) fraudulently misrepresented that goods had been shipped. The trial court found United Mizrahi Bank, which financed SAAT's operations and presented the draft for payment, was a h
• Rock v. Prairie Bldg. Solutions, Inc.
  854 So. 2d 722· Fla. 2d DCA· 2003-08-20 ·cited 6×
  The trial court erred in failing to tax the fee charged by an expert witness for attorney's fees testimony when the expert expected compensation.
• Southernmost Marine Servs., Inc. v. One (1) 2000 Fifty Four Foot (54') Sea Ray Named M/V "Potential"
  250 F. Supp. 2d 1367· S.D. Fla.· 2003-03-13 ·cited 6×
  The court held that the salvors were entitled to a salvage award and that the insurance company was liable for the agreed-upon settlement amount, finding the company's attempt to repudiate the agreement was invalid.
• Breuer v. Jim's Concrete OF Brevard, Inc.
  292 F.3d 1308· 11th Cir.· 2002-06-05 ·cited 6×
  Breuer sued Jim's Concrete in Florida state court for unpaid wages under the Fair Labor Standards Act; the defendant removed to federal court, and the district court denied remand. The Eleventh Circuit affirmed, holding that the FLSA's language permitting actions to be "maintaine
• Cuillo v. McCOY
  810 So. 2d 1061· Fla. 4th DCA· 2002-03-20 ·cited 6×
  An assignee of a consulting and non-compete agreement appeals a summary judgment entered against him, while the original obligors cross-appeal the award of prejudgment interest.
• Conn. Gen. Life Ins. Co. & Cigna Fin. Advisors, Inc. v. Jones
  764 So. 2d 677· Fla. 1st DCA· 2000-06-01 ·cited 6×
  Connecticut General Life Insurance Company and Cigna Financial Advisors appealed a judgment awarding Roy L. Jones compensatory and punitive damages for implied contract/unjust enrichment, fraud in the inducement, and ADA violations arising from unpaid work Jones performed while d
• Mansolillo v. Parties BY Lynn, Inc.
  753 So. 2d 637· Fla. 3d DCA· 2000-03-01 ·cited 6×
  Angelina Mansolillo, an officer and director of Stanley Roofing Company, appeals a judgment against her for fraudulent conveyance of company assets (eight trucks worth $42,500) to herself when the company was insolvent. The court affirmed, holding that the transfer violated Flori
• Sutton v. Sutton
  701 So. 2d 370· Fla. 2d DCA· 1997-10-24 ·cited 6×
  The appellate court affirmed in part and reversed in part a final judgment concerning a former wife's reimbursement for college expenses paid for their daughter and prejudgment interest, as well as the denial of graduate school expenses and a credit for child support overpayments
• Sparks v. Jay's A.C. & Refrigeration, Inc.
  971 F. Supp. 1433· M.D. Fla.· 1997-07-15 ·cited 6×
  The court held that the Florida Supreme Court's decision in Byrd v. Richardson-Greenshields Sec. does not modify the prima facie elements of respondeat superior for intentional torts arising out of sexual harassment, and Florida law concerning the 'scope of employment' still appl
• Dehaven v. Gordon
  659 So. 2d 1315· Fla. 4th DCA· 1995-09-06 ·cited 6×
• Rosen v. Rosen
  659 So. 2d 368· Fla. 3d DCA· 1995-07-05 ·cited 6×
  The court modified alimony and child support, imputed interest on a $100,000 gift to the former wife, reversed lump sum alimony for house repairs and a car, and reversed reimbursement for a psychologist's bill due to lack of evidence on reasonableness.
• Barnett Bank OF Marion Cnty., N.A. v. Shirey
  655 So. 2d 1156· Fla. 5th DCA· 1995-04-28 ·cited 6×
  Barnett Bank appeals a judgment awarding the Shireys $1.377 million in damages for breaches of two floor plan loan agreements and breach of fiduciary duty. The court affirms the compensatory damages for breach of fiduciary duty but reverses the punitive damages award, reverses th
• Am. Linens, Inc. v. Venmall Int'l Grp.
  645 So. 2d 1059· Fla. 3d DCA· 1994-11-16 ·cited 6×
  The Court reviewed a proposed advisory opinion on whether a property manager's involvement in uncontested residential evictions constitutes the unlicensed practice of law, ultimately authorizing property managers to handle these matters.
• Higley S., Inc. v. Quality Engineered Installation Inc.
  632 So. 2d 615· Fla. 2d DCA· 1994-01-05 ·cited 6×
  Quality Engineered Installation sought confirmation of an arbitration award and attorney's fees from Higley South and Federal Insurance Company, a surety. The trial court awarded $319,000 in total attorney's fees, but the appellate court reversed in part, holding that certain fee
• N.E.P. Int'l, Inc. v. Falls
  629 So. 2d 1019· Fla. 4th DCA· 1993-12-29 ·cited 6×
  A tenant breached a commercial lease, and the lessor recovered judgment for all future rent under an acceleration clause. The appellate court reversed and remanded because the trial court failed to reduce future damages to present value and failed to provide for an accounting to