Prejudgment Interest

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

• United States v. SCI, Inc.
  828 F.2d 671· 11th Cir.· 1987-09-28 ·cited 3×
  The court held that the subcontractor could not recover delay damages from the general contractor due to a "no damages for delay" clause, but could amend its complaint to recover funds from a settlement between the general contractor and the VA. The court also modified the prejud
• McKelvy v. Metal Container Corp.
  674 F. Supp. 827· M.D. Fla.· 1987-07-06 ·cited 3×
  The court held that the plaintiff is entitled to back pay, incentive bonuses, prejudgment interest, reinstatement to the pension plan, and attorney fees, but not front pay or insurance premiums.
• In re IBP Confidential Bus. Documents Litig. Hughes A. Bagley v. Iowa Beef Processors, Inc.
  797 F.2d 632· 8th Cir.· 1986-07-24 ·cited 3×
  The court held that IBP's actions in writing and distributing the Peterson letter constituted genuine First Amendment petitioning activity, but that such activity is not afforded absolute privilege against defamation claims and is instead protected by the same standards as other
• Marine Overseas Servs., Inc. v. Crossocean Shipping Co., Inc.
  791 F.2d 1227· 5th Cir.· 1986-06-16 ·cited 3×
  A party in breach of a contract of affreightment is entitled to damages based on its expectation interest, and loans from third parties to cover the increased cost do not extinguish this loss. An agent acting for a disclosed principal may still be liable if it fails to raise the
• Ins. Co. OF N. Am. v. Moore
  783 F.2d 1326· 9th Cir.· 1986-01-14 ·cited 3×
  The court held that the insurer was entitled to prejudgment interest based on a contract provision and that the case should be remanded for evaluation of attorney's fees under a specific statute.
• Process Masters, Inc. v. Alpha III Ltd. P'ship
  477 So. 2d 69· Fla. 1st DCA· 1985-10-30 ·cited 3×
  The trial court erred in denying a set off for a settlement received by the plaintiff for property damages, as prejudgment interest is an element of those damages.
• Walton Motor Sales, Inc. v. F.H. Ross, Jr.
  736 F.2d 1449· 11th Cir.· 1984-07-19 ·cited 3×
  The court held that a creditor seeking a deficiency judgment must provide a detailed accounting of asset disposition, and that shareholder agreements can permit directors to divest themselves of certain management control.
• Multitex Corp. OF Am. v. Dickinson
  683 F.2d 1325· 11th Cir.· 1982-08-23 ·cited 3×
  The court held that the jury instructions on 'fair value' using a willing seller/buyer standard were proper, and that the corporation initiating the appraisal proceeding properly bore the burden of proof. The trial court's discretion regarding prejudgment interest and expert fees
• Salter Marine, Inc. v. Conti Carriers & Terminals, Inc.
  677 F.2d 388· 4th Cir.· 1982-04-22 ·cited 3×
  The court held that a stevedore's warranty of workmanlike performance extends to the owner and charterer of a tug, even without direct contractual privity, and that the tugmaster's reasonable decision to depart with a listing barge did not relieve the stevedore of liability for i
• Randal Craft Realty Co., Inc. v. Unijax, Inc.
  653 F.2d 1066· 5th Cir.· 1981-08-21 ·cited 3×
  The court held that neither broker breached their fiduciary duty by failing to disclose their intent to claim a commission, and affirmed the district court's award of commissions to both brokers.
• GUY James Constr. Co. v. Trinity Indus., Inc.
  650 F.2d 93· 5th Cir.· 1981-07-08 ·cited 3×
  The court held that the Uniform Commercial Code authorized recovery of consequential damages, including the time/price differential, and modified the prejudgment interest award to run until the date of judgment.
• Bank OF ST. Louis v. Morrissey
  597 F.2d 1131· 8th Cir.· 1979-05-01 ·cited 3×
  The court held that the third-party complaint was adequate under federal rules, the finding of a joint venture was not clearly erroneous, and the district court did not abuse its discretion in denying prejudgment interest.
• Mobil OIL Corp. v. TUG Pensacola
  472 F.2d 1175· 5th Cir.· 1973-02-02 ·cited 3×
  The court held that prejudgment interest should be awarded from the date of collision and that the claimant should be allowed its costs.
• W. Auto Supply Co. v. Sullivan
  210 F.2d 36· 8th Cir.· 1954-01-25 ·cited 3×
  The court affirmed the judgment for the plaintiff on the breach of contract claim and affirmed the trial court's denial of pre-judgment interest, finding the damages were unliquidated.
• Milwaukee Towne Corp. v. Loew's, Inc.
  200 F.2d 17· 7th Cir.· 1952-11-14 ·cited 3×
  A district court cannot include interest in a judgment if the appellate court's mandate directs entry of judgment for a specific amount without mentioning interest.
• Am. Coastal Ins. Co. v. La Rive Gauche Condo. Ass'n, Inc.
  388 So. 3d 912· Fla. 3d DCA· 2024-09-18 ·cited 2×
  This per curiam affirmance addresses multiple interrelated issues in an insurance dispute, including the entitlement to prejudgment interest on liquidated damages, the standards for determining when damages are liquidated, the requirement of knowing or intentional fraudulent cond
• Stavrou v. Destination Boat Clubs, Inc.
  226 So. 3d 293· Fla. 2d DCA· 2017-05-31 ·cited 2×
  The court held that a judgment in supplementary proceedings cannot exceed the unpaid amount of the underlying judgment, but affirmed the portion of the judgment against Alexandra and Bessy.
• James R. Shoemaker, D.O. v. Sliger
  187 So. 3d 863· Fla. 5th DCA· 2016-02-12 ·cited 2×
  The court reversed the trial court's amended judgment that awarded post-trial interest from the jury verdict date rather than from the original judgment date. The court held that Florida Rule of Appellate Procedure 9.340(c), which provides that interest accrues from the verdict d
• Citizens Prop. Ins. Corp. v. German Alvarez and Luz Marroquin
  198 So. 3d 45· Fla. 2d DCA· 2015-10-30 ·cited 2×
  Citizens Property Insurance Corporation appealed a jury verdict in favor of policyholders Alvarez and Marroquin on a sinkhole claim, arguing for directed verdict based on a statutory presumption of correctness. The policyholders cross-appealed the denial of prejudgment interest.
• Sargeant v. Mohammad Anwar Farid Al-Saleh
  120 So. 3d 86· Fla. 4th DCA· 2013-08-07 ·cited 2×
  The court held that excluding expert testimony on a Jordanian condition precedent was not an abuse of discretion, and that pre-judgment interest should have been awarded.
• Current Builders OF Fla., Inc. v. Certified Lower Keys Plumbing
  105 So. 3d 582· Fla. 3d DCA· 2012-12-19 ·cited 2×
  The court held that prejudgment interest should be calculated from the date the general contractor received payment, not from the date the subcontractor completed its work. All other rulings were affirmed.
• Featherston v. Featherston
  86 So. 3d 549· Fla. 2d DCA· 2012-04-20 ·cited 2×
  Mary Elizabeth Featherston appealed the final judgment dissolving her marriage to Mark Ashley Featherston. The court affirmed the judgment in part but reversed and remanded on three significant issues: the denial of retroactive alimony, the failure to distribute a maritime pensio
• Thomas Cook UK Ltd. v. Maesbury Homes, Inc.
  54 C.C.A. 287· M.D. Fla.· 2012-03-05 ·cited 2×
  The court granted the plaintiff's motion for default judgment, adopting the magistrate judge's recommendation.
• Sec. & Exch. Comm'n v. Huff
  745 F. Supp. 2d 1284· S.D. Fla.· 2010-09-30 ·cited 2×
  The court found that Defendant Huff violated federal securities laws by siphoning funds and artificially inflating Certified's financial condition, and ordered disgorgement of ill-gotten gains.
• Hemispherx Biopharma, Inc. v. Bioclones (Proprietary) Ltd.
  731 F. Supp. 2d 1337· S.D. Fla.· 2010-08-11 ·cited 2×
  The court held that it had personal jurisdiction over the defendants and entered a final default judgment for compensatory damages, including prejudgment interest.
• King 205, LLC v. Dick Pittman Roof Servs., Inc.
  31 So. 3d 242· Fla. 5th DCA· 2010-03-19 ·cited 2×
  The court held that the trial court erred in imposing personal liability on Ferrell for the lien foreclosure and breach of contract claims, and in calculating prejudgment interest.
• Lewis v. Nical OF Palm Beach, Inc.
  24 So. 3d 564· Fla. 4th DCA· 2009-07-22 ·cited 2×
  In a long-running breach of contract dispute, the Fourth District Court of Appeal addressed whether paralegal fees for work performed by the clients themselves (Scott and Carol Lewis) could be added to an attorney's fees award, and whether prejudgment interest should apply to con
• Yusem v. Butler
  10 So. 3d 1159· Fla. 4th DCA· 2009-05-27 ·cited 2×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reconsidered whether the trial court's judgment could be affirmed under the "Tipsy Coachman" rule (right result, wrong reason). The court affirmed the denial of Butler's fraud and negligent misrepresent
• Liberty Transp., LLC v. Banyan AIR Servs., Inc.
  7 So. 3d 1138· Fla. 4th DCA· 2009-03-11 ·cited 2×
  The court held that the issue of the equitable lien was moot, but the trial court lacked jurisdiction to award prejudgment interest after the initial judgment was appealed.
• Sec. & Exch. Comm'n v. Solow
  554 F. Supp. 2d 1356· S.D. Fla.· 2008-05-14 ·cited 2×
  The court granted the SEC's motion for remedies, permanently enjoining the defendant from violating securities laws, ordering disgorgement of ill-gotten gains, and imposing a civil penalty.
• Apache Grp., Inc. v. Ronald S. Friedman, CPA, P.A.
  935 So. 2d 539· Fla. 3d DCA· 2006-06-14 ·cited 2×
  In this contract dispute, the trial court awarded Ronald Friedman judgment against Marc Osheroff for breach of promissory notes and personal guarantees totaling $72,213 plus prejudgment interest. On appeal, the Third District Court of Appeal affirmed the judgment but reversed and
• Ericksen v. Fastening Sys., Inc.
  932 So. 2d 271· Fla. 2d DCA· 2005-10-19 ·cited 2×
  Florida appellate court affirmed attorney's fees award but remanded for calculation of prejudgment and postjudgment interest at statutory rates.
• Watkins Motor Lines, Inc. v. Underwriters AT Interest
  892 So. 2d 1143· Fla. 3d DCA· 2005-01-12 ·cited 2×
  The court held that the insurer was entitled to recover 110% of the invoice value of the lost shipment, but the prejudgment interest calculation was erroneous.
• McKENNA v. Camino Real Vill. Ass'n, Inc.
  877 So. 2d 900· Fla. 4th DCA· 2004-07-21 ·cited 2×
  The court held that the trial court erred in granting summary judgment because the association failed to conclusively establish it complied with its own notice and procedural requirements for accelerating assessments.
• Leshin v. Dailey
  840 So. 2d 454· Fla. 4th DCA· 2003-03-26 ·cited 2×
  Leshin sought mandamus to compel a trial court to order disbursement of interest accumulated on funds held in trust pending appeal of an attorney's lien dispute. The court granted the mandamus petition, holding that ordering disbursement of prejudgment interest on liquidated dama
• The Sch. Bd. OF Broward Cnty. v. The Trane Co.
  840 So. 2d 1095· Fla. 4th DCA· 2003-03-05 ·cited 2×
  The School Board of Broward County appeals from judgments imposing an equitable lien on retained construction funds in favor of Trane Company, an unpaid subcontractor. The court affirms, holding that an equitable lien may be imposed on statutorily retained funds even against a go
• Bambi L. Ulander v. Ulander
  824 So. 2d 309· Fla. 1st DCA· 2002-08-28 ·cited 2×
  In this family law appeal, the First District Court of Appeal reversed a trial court's decision that reduced a former husband's past due child support arrearage by one-half upon modification of custody. The court held that vested support obligations cannot be reduced without extr
• Gumberg v. Gumberg
  818 So. 2d 682· Fla. 4th DCA· 2002-06-12 ·cited 2×
• McKnight v. Benitez
  176 F. Supp. 2d 1301· M.D. Fla.· 2001-12-17 ·cited 2×
  A formal legal action, such as filing a complaint or serving legal papers, is not considered a 'communication' under the Fair Debt Collection Practices Act (FDCPA). However, filing a replevin action that also seeks damages for late charges and interest constitutes an 'action on a
• Olde Disc. Corp. v. Amsel
  800 So. 2d 667· Fla. 5th DCA· 2001-11-16 ·cited 2×
• State v. Dieterle
  786 So. 2d 1244· Fla. 3d DCA· 2001-06-13 ·cited 2×
  The Florida Department of Environmental Protection appealed a cost judgment that included prejudgment interest running from the date of an interlocutory cost award rather than from the final cost judgment. The court reversed the prejudgment interest portion, holding that Florida
• Mumma v. Mumma
  780 So. 2d 1001· Fla. 4th DCA· 2001-03-28 ·cited 2×
  The court held that the trial court erred in suspending prejudgment interest and denying attorney's fees to the appellees. The court affirmed the trial court's denial of fees for the prior appeal.
• OAK Cas. Ins. Co. v. Travelers Indem. Co.
  778 So. 2d 483· Fla. 3d DCA· 2001-02-21 ·cited 2×
  Oak Casualty's failure to respond within sixty days to a notice of violation created a presumption of bad faith under Imhof, and the trial court properly instructed the jury; the court also reversed the denial of additur for prejudgment interest.
• State v. Interstate Hotels Corp.
  709 So. 2d 1387· Fla. 3d DCA· 1998-05-27 ·cited 2×
  The court held that prejudgment interest is not recoverable on an award of attorneys' fees in an eminent domain case.
• Tampa Port Auth. v. M/V Duchess
  65 F. Supp. 2d 1305· M.D. Fla.· 1998-02-04 ·cited 2×
  The court held that nominal damages are not recoverable in admiralty actions, especially when actual damages have been proven and awarded to a subrogee.
• Weigert v. Trade Wind Ventures, Inc.
  685 So. 2d 962· Fla. 3d DCA· 1996-12-26 ·cited 2×
  The court held that the guarantor was not personally liable for prejudgment interest or attorney's fees beyond the $20,000 deposit, as the guaranty agreement was silent on these matters.
• In re Amendments to the Florida Small Claims Rules
  682 So. 2d 1075· Fla.· 1996-10-10 ·cited 2×
  The Florida Supreme Court approved proposed amendments to the Florida Small Claims Rules submitted by the Florida Bar Small Claims Rules Committee, including an increase in the jurisdictional limit from $2,500 to $5,000 and substantive changes to discovery, dismissal procedures,
• Joseph S. Arrigo Motor Co., Inc. v. Lasserre
  678 So. 2d 396· Fla. 1st DCA· 1996-07-12 ·cited 2×
  A landlord sued a commercial lessee and personal guarantor for breach of a five-year commercial lease after the lessee assigned the lease to a third party who vacated. The court affirmed the finding of breach but reduced damages to reflect the landlord's duty to mitigate by relet
• Harrison v. Aetna Life Ins.
  925 F. Supp. 744· M.D. Fla.· 1996-04-24 ·cited 2×
  The court held that the Aetna plan's 'Mouth, Jaws And Teeth' limitation, which covers surgery to alter jaw relationships when appliance therapy alone cannot result in functional improvement, could provide coverage for the plaintiff's son's orthognathic surgery, even if not strict
• Little Bridge Marina, Inc. v. Jones Boat Yard, Inc.
  673 So. 2d 77· Fla. 3d DCA· 1996-04-10 ·cited 2×
  Little Bridge Marina appealed a jury verdict finding it breached a contract with Jones Boat Yard for vessel repair services. The Third District Court of Appeal reversed and remanded for a new trial, holding that the trial court committed reversible error by allowing defense couns