Prejudgment Interest

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

• Star Island Assocs. v. Lichter
  473 So. 2d 791· Fla. 2d DCA· 1985-08-07 ·cited 5×
  Developers of a condominium project appealed a trial court judgment rescinding purchase contracts under the Interstate Land Sales Full Disclosure Act. The appellate court affirmed that the Act applied and rescission was proper, but reversed the prejudgment interest calculation an
• Clifford v. M/V Islander
  751 F.2d 1· 1st Cir.· 1984-12-18 ·cited 5×
  The court affirmed the finding of an oral maritime contract but vacated the damages award, remanding for further findings due to a lack of sufficient factual basis for the $150,000 award.
• Shaw v. Grumman Aerospace Corp.
  593 F. Supp. 1066· S.D. Fla.· 1984-09-12 ·cited 5×
  The court held that the manufacturer was liable for the pilot's death due to a design defect in the aircraft's flight control system, rejecting the government contractor defense and denying set-off for Veterans Benefits.
• Johnson v. United States
  602 F.2d 734· 6th Cir.· 1979-09-07 ·cited 5×
  A district court cannot use its equitable powers to reduce or remit statutorily mandated prejudgment interest on penalty taxes, as such interest is compensatory, not punitive.
• Curtiss-Wright Corp. v. Gen. Elec. Co.
  599 F.2d 1259· 3d Cir.· 1979-06-04 ·cited 5×
  The Third Circuit Court of Appeals, sitting en banc, should rehear the case to clarify the application of Federal Rule of Civil Procedure 54(b) regarding the certification of judgments for immediate appeal when a counterclaim is pending. The panel majority's creation of a presump
• Curtiss-Wright Corp. v. Gen. Elec. Co.
  597 F.2d 35· 3d Cir.· 1979-04-17 ·cited 5×
  The court held that the district court's entry of final judgment under Rule 54(b) was an abuse of discretion, as it conflicted with established precedent regarding pending counterclaims.
• Doft & Co., Inc. v. Home Fed. Sav. & Loan Ass'n
  592 F.2d 1361· 5th Cir.· 1979-04-16 ·cited 5×
  The court held that the evidence was insufficient to establish tortious interference with a business or contractual relationship, as the lender's actions did not cause the breakdown of the contract between the broker and the borrower.
• Inland Credit Corp. v. M/T BOW Egret
  556 F.2d 756· 5th Cir.· 1977-07-29 ·cited 5×
  The court clarified interest rates and calculation dates for note holders and lien claimants, denying a double recovery and modifying a prior statement on attorneys' fees.
• Weeks v. Alonzo Cothron, Inc.
  493 F.2d 538· 5th Cir.· 1974-04-29 ·cited 5×
  The court held that contributory negligence cannot be urged as a defense in an action brought under the election provision of the Longshoremen's and Harbor Workers' Act, and that damages for loss of nurture and guidance for minor children should be reconsidered under current stan
• Shaquille O'Neal v. Darling
  321 So. 3d 309· Fla. 3d DCA· 2021-05-12 ·cited 4×
  A successor judge lacks authority to vacate a final judgment rendered by a predecessor judge absent fraud or mistake, and an attorney who fails to timely request additional hearing time and instead waives objections until after an unfavorable ruling waives the right to challenge
• Schuenzel v. Schuenzel
  320 So. 3d 214· Fla. 3d DCA· 2021-02-17 ·cited 4×
  Prejudgment interest on amounts paid by one party for obligations of the other must be calculated separately for each payment based on the date that payment was made, not from a single prospective date; attorney's fees determinations that do not liquidate the fee amount are not f
• Petri Positive Pest Control, Inc. v. CCM Condo. Ass'n, Inc.
  271 So. 3d 1001· Fla. 4th DCA· 2019-05-01 ·cited 4×
  Post-offer prejudgment interest must be excluded from the "judgment obtained" when calculating whether a plaintiff has met the 25% threshold under section 768.79, Florida Statutes, to trigger an award of attorney's fees. The court reversed the attorney's fees award because withou
• Kendall Healthcare Grp. v. Madrigal
  271 So. 3d 1120· Fla. 3d DCA· 2019-03-20 ·cited 4×
  A trial judge may adopt a party's proposed order verbatim without appearing to abdicate independent judgment when the judge actively participated in the trial and allowed both parties to submit proposals on unsettled issues. Prejudgment interest in a limited partnership appraisal
• Mattison v. Mattison
  266 So. 3d 258· Fla. 5th DCA· 2019-03-08 ·cited 4×
  The appellate court reversed and remanded a dissolution of marriage judgment, finding errors in child support calculations and equitable distribution of marital assets. The court clarified how to calculate income for child support, address arrearages, allocate uncovered medical e
• Ariz. Chem. Co., LLC v. Mohawk Indus., Inc.
  197 So. 3d 99· Fla. 1st DCA· 2016-07-18 ·cited 4×
  Arizona Chemical appeals a prejudgment interest award to Mohawk Industries, arguing the trial court improperly awarded interest from the date of breach rather than the date Mohawk actually suffered pecuniary losses. The appellate court agrees and reverses, holding that under Flor
• Philippe v. Michael Weiner, M.D.
  143 So. 3d 1086· Fla. 3d DCA· 2014-07-30 ·cited 4×
  The court held that the trial court erred in awarding taxes and insurance expenses incurred after the property was conveyed via a Deed in Lieu of Foreclosure, and in calculating prejudgment interest on the full principal amount without accounting for the property's value at the t
• Kearney v. Bernadette Kearney
  129 So. 3d 381· Fla. 1st DCA· 2013-11-12 ·cited 4×
  In this dissolution of marriage appeal, the court affirmed the trial court's invalidation of a postnuptial agreement regarding the husband's interest in Mainline Information Systems, Inc., finding it procured through misrepresentation and overreaching. The court also affirmed the
• Daddono v. Domenic Miele & Forte Equity, Inc.
  69 So. 3d 320· Fla. 4th DCA· 2011-08-24 ·cited 4×
  Forte Equity, Inc., represented by shareholder Fred Burdett, won a jury verdict for breach of fiduciary duty against president Domenic Miele, but the trial court improperly awarded prejudgment interest on Miele's entire set-off amount rather than only on the salary portion. The a
• Anne Marie Spencer v. DiGIACOMO
  56 So. 3d 92· Fla. 4th DCA· 2011-03-02 ·cited 4×
  Anne Marie Spencer appeals a trial court's satisfaction of judgment that was issued while a prior appeal was pending before the appellate court. The court reverses the satisfaction because the trial court was divested of jurisdiction during the pendency of the appeal, and the sat
• Gremel v. Gremel
  45 So. 3d 978· Fla. 2d DCA· 2010-10-15 ·cited 4×
  Wife appealed a final judgment of dissolution of marriage, challenging the trial court's denial of retroactive alimony dating to the petition filing and failure to award prejudgment interest on alimony arrearages. The appellate court reversed on both issues and remanded, finding
• Beach Terrace Ass'n, Inc. v. Wanda DiPAOLA Stephen Rinko Gen. P'ship
  27 So. 3d 147· Fla. 2d DCA· 2010-01-29 ·cited 4×
  Beach Terrace Association appealed the circuit court's denial of attorney's fees under Florida's condominium statute, while DiPaola cross-appealed the calculation of prejudgment interest on its own attorney's fee award. The court affirmed the denial of the Association's fees but
• The Keyes Co. v. Anne Marie Spencer and Patricia DiGiacomo
  16 So. 3d 213· Fla. 4th DCA· 2009-08-12 ·cited 4×
  The court held that the buyer waived her right to seek attorney's fees from the arbitration award, but was entitled to prejudgment interest on the award.
• McCARTHY v. Est. OF Robert Frederick Krohn, & Hall, Lamb & Hall, P.A.
  16 So. 3d 193· Fla. 4th DCA· 2009-08-05 ·cited 4×
  This case concerns a discharged law firm's entitlement to prejudgment interest on attorney's fees and costs recovered through a charging lien in a personal injury settlement. The appellate court held that prejudgment interest on both the attorney's fees and costs should run from
• Westgate Miami Beach, Ltd. v. Newport Operating Corp.
  16 So. 3d 855· Fla. 3d DCA· 2009-06-03 ·cited 4×
  Westgate Miami Beach appeals from a trial court order denying its motion to assess prejudgment interest. The court affirms, holding that by appealing a final judgment that improperly reserved jurisdiction over prejudgment interest without first challenging that provision, Westgat
• Marc E. Bosem, M.D. v. Musa Holdings, Inc.
  8 So. 3d 1185· Fla. 4th DCA· 2009-04-15 ·cited 4×
  Dr. Bosem sued for unauthorized use of his image and likeness in advertising by Musa Holdings, and obtained partial summary judgment on liability. The trial court awarded damages including lost profits and prejudgment interest. On appeal, the court reversed the prejudgment intere
• Sec. & Exch. Comm'n v. Kirkland
  521 F. Supp. 2d 1281· M.D. Fla.· 2007-09-25 ·cited 4×
  The court held that the defendant's senior triplex offerings constituted investment contracts and therefore securities, as they met the Howey test's criteria for an investment of money, a common enterprise, and an expectation of profits derived from the efforts of others.
• Yusem v. Butler
  966 So. 2d 405· Fla. 4th DCA· 2007-08-15 ·cited 4×
  This appeal and cross-appeal arise from approximately twenty years of complex litigation over a failed commercial real estate partnership venture. The trial court entered a final judgment addressing various claims, and the appellate court affirms the trial court's decisions on th
• Grover v. Jacksonville Golfair, Inc.
  914 So. 2d 995· Fla. 1st DCA· 2005-10-17 ·cited 4×
  In a consolidated appeal of two cases arising from written option agreements to purchase motels in Jacksonville, the court affirmed the trial court's finding that the appellees validly exercised purchase options and that the appellants breached their obligations by refusing to cl
• Ismark v. W.G. Mills, Inc.
  899 So. 2d 1213· Fla. 2d DCA· 2005-04-15 ·cited 4×
  Wayne Ismark appealed a declaratory judgment regarding interpretation of his employment and stock agreements with W.G. Mills, Inc. The court affirmed the trial court's reformation of the contracts but reversed the denial of prejudgment interest, holding that W.G. Mills' condition
• Am. Home Assurance Co. v. Phineas Corp.
  347 F. Supp. 2d 1231· M.D. Fla.· 2004-09-15 ·cited 4×
  The court held that summary judgment for the insurer on breach of contract was appropriate, as the insured's challenges to the final premium calculation were barred by administrative remedy exhaustion requirements and lacked merit. The court also vacated judgments against co-defe
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NOS. 01-1 & 01-2)
  825 So. 2d 277· Fla.· 2002-06-06 ·cited 4×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions in Civil Cases, consolidating two committee reports and authorizing proposed modifications to jury instructions for personal injury, property damage, wrongful death, and related civil matters. The ame
• Spring Lake Improvement Dist. v. Tyrrell
  814 So. 2d 1077· Fla. 2d DCA· 2002-01-25 ·cited 4×
  Spring Lake Improvement District appeals a judgment requiring refund of over one million dollars in capital and maintenance taxes collected from certain property owners for fifteen years. The court partially reverses, holding that the statute of limitations bars recovery of maint
• City OF Treasure Island v. Provident Mgmt. Corp. & Laurence N. Belair
  738 So. 2d 357· Fla. 2d DCA· 1999-06-11 ·cited 4×
  On remand from the Florida Supreme Court, the Second District Court of Appeal addressed whether a municipality has liability for wrongful injunction and whether sovereign immunity applies. The court held that wrongful injunction is a tort claim subject to the statutory liability
• Burns v. Rice
  39 F. Supp. 2d 1350· M.D. Fla.· 1998-12-10 ·cited 4×
  The court held that the defendants' actions in preventing the automatic triggering of a plan provision were not fiduciary acts under ERISA because they affected unaccrued, unvested benefits and constituted plan design decisions.
• Parker v. Graham & James
  715 So. 2d 1047· Fla. 3d DCA· 1998-07-29 ·cited 4×
  Attorneys Graham & James were hired on contingency to represent Parker and Taino Farms in a federal crop loss lawsuit. After the jury returned verdicts under three alternative theories but the trial court dismissed two as duplicative, the Eleventh Circuit reversed for a new trial
• Paulk v. Palm Beach Cnty. Sch. Bd. & Crawford & Co.
  711 So. 2d 1148· Fla.· 1998-06-11 ·cited 4×
  The court held that prejudgment interest does not accrue on attorney's fees authorized by the Workers' Compensation Law from the date entitlement is determined if the amount has not yet been established.
• Luanne Mims v. Lipton Toyota, Inc.
  709 So. 2d 106· Fla.· 1998-04-30 ·cited 4×
  The Florida Supreme Court affirmed the First District Court of Appeal's decision in a workers' compensation attorney fees case, holding that prejudgment interest does not accrue on attorney fees awarded under workers' compensation law from the date entitlement was determined.
• Fazio v. City OF Hollywood & Siris
  702 So. 2d 1370· Fla. 1st DCA· 1997-12-30 ·cited 4×
  The court held that prejudgment interest on attorney's fees in workers' compensation cases cannot accrue before the amount of the fee has been established.
• Ulano v. Anderson
  703 So. 2d 1149· Fla. 3d DCA· 1997-12-10 ·cited 4×
  Dr. Ulano appealed a trial court judgment awarding him only $11,464 on his contractual claim for 40% of profits from a kidney dialysis facility, despite undisputed evidence he was entitled to $109,266. The appellate court reversed, finding the trial court's damages award was clea
• State v. Brock
  673 So. 2d 902· Fla. 1st DCA· 1996-05-07 ·cited 4×
  The State of Florida appeals a summary judgment awarding tax refunds and post-judgment interest to trustees of the Florida Hotel-Motel Self Insurers Fund, challenging the Department of Revenue's tax assessment interpretation. The court affirms the refund and post-judgment interes
• Terrie Lee Didier v. Didier
  669 So. 2d 1072· Fla. 1st DCA· 1996-03-05 ·cited 4×
  In this Florida family law appeal, Terrie Didier challenges a post-judgment enforcement order in her dissolution of marriage case against Dennis Didier. The court reversed certain aspects of the trial court's rulings regarding child support reduction, credit union account distrib
• The Cadillac Fairview Corp. Ltd. v. The Resort AT Indian Spring Ltd.
  664 So. 2d 1041· Fla. 4th DCA· 1995-11-22 ·cited 4×
  The court reluctantly affirmed the judgment but reversed the award of interest on prejudgment interest, adhering to prior precedent.
• Champlovier v. City OF Miami
  667 So. 2d 315· Fla. 1st DCA· 1995-10-12 ·cited 4×
  Champlovier sought redetermination of his average weekly wage in a workers' compensation case to increase his disability benefits based on a later favorable appellate decision. The court affirmed the 1981 compensation order, holding that the parties' stipulation to an average wee
• Miller v. Transflorida Bank
  656 So. 2d 1364· Fla. 4th DCA· 1995-06-28 ·cited 4×
  On remand from a prior appeal, the trial court awarded attorney's fees to Miller under section 57.105(1), Florida Statutes, after his complaint was dismissed as presenting no justiciable issues. Miller appealed, challenging the adequacy of the trial court's findings and seeking p
• Mercedes-Benz OF N. Am., Inc. v. Florescue & Andrews Invs., Inc.
  653 So. 2d 1067· Fla. 4th DCA· 1995-04-12 ·cited 4×
  The court held that the circumstances did not amount to a waiver of the prejudgment interest claim and that an award of prejudgment interest is non-discretionary once the loss is ascertained.
• Baker Protective Servs., Inc. v. FP
  643 So. 2d 1099· Fla. 3d DCA· 1994-08-17 ·cited 4×
• City OF Miami Beach v. Turchin/CRS
  641 So. 2d 471· Fla. 3d DCA· 1994-08-17 ·cited 4×
  The trial court erred in vacating the arbitrators' award of prejudgment interest because the issue was within the scope of the arbitration and prejudgment interest is an element of damages.
• Okla. Radio Assocs. v. Fed. Deposit Ins. Corp. for Citizens Nat'l Bank & Tr. Co.
  987 F.2d 685· 10th Cir.· 1993-03-12 ·cited 4×
  The court held that the D'Oench, Duhme doctrine did not bar ORA's defense regarding the ORA note because genuine issues of material fact existed regarding the presence of renewal agreements in the bank's files and whether ORA lent itself to a deceptive scheme. The court affirmed
• Alvarado v. Rice
  614 So. 2d 498· Fla.· 1993-03-04 ·cited 4×
  The Florida Supreme Court held that a claimant in a personal injury action is entitled to prejudgment interest on past medical expenses only when the claimant made actual, out-of-pocket payments on those bills prior to judgment. The Court rejected Alvarado's claim for interest on
• Kenworthy v. Conoco, Inc.
  979 F.2d 1462· 10th Cir.· 1992-11-19 ·cited 4×
  The court held that the appeal was timely filed, the jury verdict on the Equal Pay Act claim was supported by substantial evidence, and the district court's findings on Title VII claims were not inconsistent.