Prejudgment Interest

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

• J. D. Streett & Co., Inc. v. United States
  256 F.2d 557· 8th Cir.· 1958-06-26 ·cited 6×
  The court held that the 'Covenant Against Contingent Fees' was valid and enforceable, entitling the government to liquidated damages, and that prejudgment interest should be awarded.
• Salter v. Guar. Tr. Co. OF Waltham
  237 F.2d 446· 1st Cir.· 1956-10-23 ·cited 6×
  The court held that the trial court erred in not awarding prejudgment interest on the preferential payments recovered by the trustee.
• Travelers Fire Ins. Co. v. Ranney-Davis Mercantile Co.
  173 F.2d 844· 10th Cir.· 1949-03-25 ·cited 6×
  The case involves a dispute over the ownership and lien rights of four automobiles that were in the possession of a car dealership which subsequently went into receivership.
• Lauro v. United States
  163 F.2d 642· 2d Cir.· 1947-09-22 ·cited 6×
  The court held that interest is not allowed on the award from the date of the longshoreman's death because the relevant federal statute expressly excludes pre-judgment interest unless stipulated by contract.
• R.M.A. v. J.A.S.
  269 So. 3d 649· Fla. 2d DCA· 2019-04-26 ·cited 5×
  In this consolidated family law appeal, the court reversed an attorney's fees award for lack of required written findings on the reasonableness of hours expended, while affirming the trial court's order establishing a payment plan for the fee award. The case involves competing ap
• Crawford v. Fed. Nat'l Mortg. Ass'n
  266 So. 3d 1274· Fla. 5th DCA· 2019-03-22 ·cited 5×
  A mortgage foreclosure cannot be enforced against homestead property when the non-record-owner spouse did not execute the mortgage, but an equitable lien may be imposed for funds used to satisfy prior mortgages to the extent they benefited the homestead, excluding cash disburseme
• Trial Practices, Inc. v. Hahn Loeser & Parks, LLP
  228 So. 3d 1184· Fla. 2d DCA· 2017-10-25 ·cited 5×
  Trial Practices, Inc. appeals a final judgment awarding prevailing party attorneys' fees, costs, and prejudgment interest to Hahn Loeser & Parks, LLP (substituted for deceased Jack J. Antaramian). The court affirmed the award of fees for litigating the amount of fees and the reco
• Kuchera v. Kuchera
  230 So. 3d 135· Fla. 4th DCA· 2017-09-27 ·cited 5×
  In this third appeal between divorcing spouses over alimony obligations, the Florida Fourth District Court of Appeal affirmed the trial court's denial of a determination of arrearages for 2008-2009 based on waiver and failure to preserve the issue, but reversed and remanded the d
• Dep't OF Transp. v. United Cap. Funding Corp.
  219 So. 3d 126· Fla. 2d DCA· 2017-04-28 ·cited 5×
  The Florida Department of Transportation appealed a summary judgment requiring it to pay United Capital Funding Corp., the assignee of accounts receivable originally owed to vendor Arbor One, despite the DOT's continued payment to Arbor One after notice of assignment. The court h
• Palm Beach Fla. Hotel & Off. Bldg. Ltd. P'ship v. Nantucket Enters., Inc.
  211 So. 3d 42· Fla. 4th DCA· 2016-12-07 ·cited 5×
  A hotel landlord appealed a judgment finding it liable for wrongful eviction and conversion after it locked out a tenant from leased restaurant and event space. The court affirmed the wrongful eviction finding, reversed the conversion damages award, and reversed the denial of pre
• Shuck v. Smalls
  101 So. 3d 924· Fla. 4th DCA· 2012-12-05 ·cited 5×
  The Fourth District Court of Appeal affirmed the trial court's award of attorney's fees to the estate representative and his counsel in probate litigation challenging a will, but reversed in part to require fees under section 57.105 be awarded from the case's inception with 50% a
• Pace Prop. Fin. Auth., Inc. v. Jones
  24 So. 3d 1271· Fla. 1st DCA· 2009-12-31 ·cited 5×
  Pace Property Finance Authority and related defendants appealed an order awarding damages for trespass and breach of contract, while the property owners cross-appealed. The court reversed the trial court's partial denial of prejudgment interest, holding that prejudgment interest
• Sarasota Est. & Jewelry Buyers, Inc. v. Joseph GAD, Inc.
  25 So. 3d 619· Fla. 2d DCA· 2009-12-23 ·cited 5×
  Sarasota Estate and Suwaity appealed a default judgment arising from breach of a settlement agreement with Joseph Gad, Inc. The court affirmed the $250,000 principal damages award but reversed the $90,000 prejudgment interest award because it was unliquidated and awarded without
• Hingson v. MMI OF Fla., Inc.
  8 So. 3d 398· Fla. 2d DCA· 2009-03-18 ·cited 5×
  Valerie Hingson appealed an order awarding attorney's fees to both herself and her former employers after she prevailed in a breach of employment agreement claim for unpaid commissions. The court reversed the fee award to the employers and remanded to add prejudgment interest to
• Sebastiano v. Sclafani
  984 So. 2d 673· Fla. 4th DCA· 2008-06-25 ·cited 5×
  The court reversed a summary judgment awarding treble damages under the civil theft statute because prejudgment interest was incorrectly calculated on the trebled amount rather than the actual damages stolen, and the trial court must determine whether a criminal restitution credi
• Ace J. Blackburn, Jr. v. Constantin Bartsocas and Kiki Vasilici Bartsocas
  978 So. 2d 820· Fla. 4th DCA· 2008-03-05 ·cited 5×
  The appellate court reversed a jury verdict awarding the Bartsocases $1,211,231 on an unjust enrichment claim based on "sweat equity" in an alleged partnership with the deceased Gus Boulis. The court held that the claim was actually a wage claim subject to Florida's two-year stat
• Amado Evarito Garcia v. Stewart
  961 So. 2d 1025· Fla. 4th DCA· 2007-07-18 ·cited 5×
  The court held that Garcia was not entitled to attorney's fees because the Association was a non-party when it sought disbursement and Garcia was no longer bound by the condominium documents. The court also affirmed the order requiring the Association to pay interest on the funds
• Santa Catalina Townhomes, Inc. v. Shabaz Mirza
  925 So. 2d 1147· Fla. 4th DCA· 2006-04-26 ·cited 5×
  A real estate developer sought certiorari review of a trial court order denying its motion to dissolve a lis pendens or require a bond. The Fourth District Court of Appeal affirmed the trial court's discretionary denial, holding that a bond is not automatically required when a li
• Ileana Morales v. Gilda Rosenberg
  919 So. 2d 476· Fla. 3d DCA· 2005-10-12 ·cited 5×
  Morales appealed a trial court judgment valuing her 50% interest in a closely-held corporation at $77,073.52 following a shareholder dissolution proceeding. This was the fourth appeal in a protracted dispute. The court affirmed the valuation and denial of prejudgment interest but
• Sunhouse Constr., Inc. v. Amwest Sur. Ins. Co. & Consol. Techniques, Inc.
  841 So. 2d 496· Fla. 3d DCA· 2003-02-12 ·cited 5×
  A contractor (Sunhouse) appeals a trial court judgment awarding a subcontractor (CTI) over $196,000 plus interest for breach of contract and extra work performed on an elementary school electrical project. The appellate court reverses, holding that CTI abandoned the project in br
• Glover Distrib. Co., Inc. v. F.T.D.K., Inc.
  816 So. 2d 1207· Fla. 5th DCA· 2002-05-24 ·cited 5×
  Glover Distributing Company appealed a judgment in favor of F.T.D.K. for breach of a commercial lease, contending the trial court erred in denying various defenses and excluding evidence. The appellate court affirmed the judgment and the award of prejudgment interest, finding no
• Maingate Dev., Inc. v. Lakeview Mktg. Grp., Inc.
  758 So. 2d 1290· Fla. 4th DCA· 2000-06-21 ·cited 5×
• Amerace Corp. v. Stallings
  753 So. 2d 592· Fla. 2d DCA· 2000-01-12 ·cited 5×
• Toyota Tsusho Am., Inc. v. Crittenden
  732 So. 2d 472· Fla. 5th DCA· 1999-05-21 ·cited 5×
  In this breach of contract action arising from a global settlement agreement in a citrus business transaction, Toyota Tsusho America appeals a trial court judgment, and the appellees cross-appeal. The court reverses the trial court on two issues: the allocation of liquidated coll
• CH2M Hill Se., Inc. v. Pinellas Cnty.
  698 So. 2d 1238· Fla. 2d DCA· 1997-06-20 ·cited 5×
  CH2M Hill Southeast appealed a judgment finding it breached the standard of care as a design engineer for a water pipeline project by approving use of non-conforming materials. The appellate court affirmed the breach finding but reversed the award of prejudgment interest on the r
• Fadel Elbadramany v. Bryson Crane Rental Servs., Inc.
  630 So. 2d 214· Fla. 5th DCA· 1993-12-23 ·cited 5×
  The court held that a party who has defaulted is still entitled to present evidence of damages by way of setoff or recoupment, and that increased attorney fees awarded without a hearing were improper.
• Donald S. Zuckerman, P.A. v. Hofrichter & Quiat, P.A.
  629 So. 2d 217· Fla. 3d DCA· 1993-12-07 ·cited 5×
  Zuckerman appeals a final judgment in a law partnership dissolution case involving an accounting phase conducted by court-appointed special masters. The appellate court affirms the judgment, finding no reversible error despite Zuckerman's challenges to the special masters' qualif
• Babbit Elecs., Inc. v. Dynascan Corp.
  828 F. Supp. 944· S.D. Fla.· 1993-06-22 ·cited 5×
  The court held that Babbit breached its contract with Dynascan by failing to pay royalties and by distributing unauthorized products under the Cobra trademark, and that Babbit infringed on Dynascan's trademark rights.
• KEY Tronic Corp. v. United States
  984 F.2d 1025· 9th Cir.· 1993-01-28 ·cited 5×
  Attorneys' fees are not recoverable as necessary response costs under CERCLA in a private cost recovery action.
• Shaffer v. Ricci
  603 So. 2d 566· Fla. 4th DCA· 1992-07-15 ·cited 5×
  The court held that the oral agreement between Shaffer and Ricci was supported by independent consideration and fully enforceable, reversing the trial court's partial enforcement based on the statute of frauds.
• Birdsall, Inc. v. Tramore Trading Co., Inc.
  771 F. Supp. 1193· S.D. Fla.· 1991-08-13 ·cited 5×
  Summary judgment is granted for the ocean freight charges, interest, costs, and attorneys' fees, but denied for the counterclaim regarding damaged goods, as the point of damage is a factual question.
• Knight v. Tape, Inc.
  935 F.2d 617· 3d Cir.· 1991-06-07 ·cited 5×
  Pennsylvania Rule of Civil Procedure 238, which mandates delay damages in tort cases, is constitutional under the due process and equal protection clauses, and delay damages can be apportioned among joint tortfeasors even when one is a third-party defendant.
• Brown v. Seebach
  763 F. Supp. 574· S.D. Fla.· 1991-04-12 ·cited 5×
  The court held that personal jurisdiction was proper over the defendant driver under Florida's long-arm statute and due process, and that claims for negligent supervision, entrustment, and beneficial ownership were sufficiently pleaded, but claims for imputed parental liability u
• Levy v. E.F. Hansen, Jr.
  576 So. 2d 361· Fla. 4th DCA· 1991-03-06 ·cited 5×
• Golden Door Jewelry Creations, Inc. v. Lloyds Underwriters
  758 F. Supp. 708· S.D. Fla.· 1991-02-21 ·cited 5×
  The court held that consignors have direct rights of recovery under a jeweler's block policy, and their claims are not barred by the insured's alleged fraudulent acts, as the policy's liability provisions override exclusions.
• Yohannon v. Keene Corp.
  924 F.2d 1255· 3d Cir.· 1991-01-24 ·cited 5×
  The court held that Pennsylvania law, not New Jersey law, governs the calculation of pre-judgment interest in this diversity case. The court affirmed the exclusion of live testimony and the sufficiency of evidence findings, but remanded for recalculation of pre-judgment interest
• Neva, Inc. v. Christian Duplications Int'l, Inc.
  743 F. Supp. 1533· M.D. Fla.· 1990-04-11 ·cited 5×
  The court held that Lanham Act remedies under 15 U.S.C. § 1117(a) apply to claims based on false or misleading representations of fact, not just infringement of registered marks. It also found that the implied terms of the contract showed intent for Scourby to retain copyright ow
• First Am. State Bank v. The Cont'l Ins. Co.
  897 F.2d 319· 8th Cir.· 1990-02-22 ·cited 5×
  The court affirmed the district court's judgment, holding that the bank's losses from fraudulent schemes were covered under the fidelity bond, settlement costs were covered, attorneys' fees for settlement negotiations were recoverable, and sanctions against counsel for discovery
• United States v. ST. John's Gen. Hosp.
  875 F.2d 1064· 3d Cir.· 1989-05-24 ·cited 5×
  The court held that the United States is not subject to statutes of limitations, laches, or waiver defenses when recovering Hill-Burton Act funds, and that the Act applies to all subsequent transferees.
• Bermuda Express, N.V. v. M/V Litsa (EX. Laurie U) In Rem
  872 F.2d 554· 3d Cir.· 1989-04-13 ·cited 5×
  The court held that stevedoring services and associated labor costs under collective bargaining agreements constitute 'necessaries' giving rise to maritime liens, and that the lienors exercised reasonable diligence, thus their claims were not barred by laches against a good faith
• Filmline (Cross-Country) Prods., Inc. v. United Artists Corp.
  865 F.2d 513· 2d Cir.· 1989-01-12 ·cited 5×
  The court held that the defendant's termination notice was ineffective because it failed to comply with the contract's requirement of providing an opportunity to cure, thus constituting a breach of contract.
• Marine Fuel Supply & Towing, Inc. v. The M/V KEN Lucky
  859 F.2d 1405· 9th Cir.· 1988-10-25 ·cited 5×
  The court held that a supplier of necessaries to a vessel is entitled to a maritime lien under the Federal Maritime Lien Act, even with 'no lien' clauses in charter agreements, unless the supplier had actual knowledge of those clauses.
• Merrick v. Mercantile-Safe Deposit & Tr. Co.
  855 F.2d 1095· 4th Cir.· 1988-09-02 ·cited 5×
  Mercantile could be held liable to a third-party beneficiary for negligence in estate planning services, and evidentiary rulings excluding settlement details and admitting expert testimony were not erroneous.
• Deere & Co. v. Deutsche Lufthansa Aktiengesellschaft
  855 F.2d 385· 7th Cir.· 1988-08-16 ·cited 5×
  The court held that Lufthansa waived its argument for a "package weight" liability limit under the Warsaw Convention by failing to present it to the district court, but erred in awarding prejudgment interest. Sanctions under Rule 11 were upheld.
• O'Connor v. Kawasaki Motors Corp.
  699 F. Supp. 1538· S.D. Fla.· 1988-07-08 ·cited 5×
  The court held that diversity jurisdiction was proper, denied the motion to remand, granted in part and denied in part the motions to dismiss, and granted the motion to strike the prayer for interest.
• Universal Power Sys., Inc. v. Godfather's Pizza, Inc.
  818 F.2d 667· 8th Cir.· 1987-05-13 ·cited 5×
  The court held that a requirements contract existed, but the jury's damage award was based on inadmissible evidence, requiring a new trial on damages unless a remittitur is accepted. Pre-judgment interest on lost profits is not allowed under Missouri law.
• Shearson/American Express, Inc. v. Mann
  814 F.2d 301· 6th Cir.· 1987-03-20 ·cited 5×
  The court held that a stockbroker can recover money paid under a mutual mistake of fact, even if negligent, provided the payee has not detrimentally changed their position. The court also affirmed the denial of a counterclaim.
• Schlobohm v. Pepperidge Farm
  806 F.2d 578· 5th Cir.· 1986-12-23 ·cited 5×
  The court held that attorney's fees and costs were not recoverable under Texas law because no contractual obligation was breached, but prejudgment interest was recoverable for the use of money owed to the franchisee.
• Royal Ambassador Condo. Ass'n, Inc. v. E. Coast Supply Corp.
  495 So. 2d 932· Fla. 4th DCA· 1986-09-10 ·cited 5×
  Royal Ambassador Condominium Association appealed a summary judgment awarding East Coast Supply Corp. a mechanic's lien on condominium property for roofing materials. The court held that while East Coast's lien description was overbroad, it could be enforced against individual un
• A.R.A. Servs., Inc. v. PAN Am. World Airways, Inc.
  474 So. 2d 396· Fla. 3d DCA· 1985-08-20 ·cited 5×
  The Third District Court of Appeal affirmed a trial court's award of prejudgment interest in a property damage case arising from negligence. The court applied the Florida Supreme Court's recent holding in Argonaut Insurance Co. v. May Plumbing Co., which established that prejudgm