Prejudgment Interest

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

• VGS Corp. v. United States Dep't OF Energy & John S. Herrington
  808 F.2d 842· Temp. Emer. Ct. App.· 1986-11-28 ·cited 2×
  The Department of Energy is immune from prejudgment interest claims against the United States absent express congressional consent, even when funds are segregated or equities favor the claimant.
• Emil C. Chiado v. Rauch
  497 So. 2d 945· Fla. 1st DCA· 1986-11-14 ·cited 2×
  Chiado appealed the trial court's denial of his request for prejudgment interest on a breach of contract judgment. The appellate court reversed, holding that under Florida law, prejudgment interest at the statutory rate is required when a verdict liquidates damages on out-of-pock
• Infra-Pak (Dallas), Inc. v. Carlson Stapler & Shippers Supply, Inc.
  803 F.2d 862· 5th Cir.· 1986-11-05 ·cited 2×
  The court held that Carlson was entitled to quantum meruit recovery for assisting Infra-Pak in a direct sale, as the distributorship agreement did not cover such services, and the trial court did not err in calculating prejudgment interest.
• The Int'l Nickel Co., Inc. v. Trammel Crow Distrib. Corp.
  803 F.2d 150· 5th Cir.· 1986-10-24 ·cited 2×
  The court held that a material fact issue exists regarding equitable estoppel due to alleged misrepresentations about inventory procedures, precluding summary judgment. The court also found the DTPA notice inadequate but remanded for abatement to allow proper notice.
• First Nat'l Bank OF Jackson v. Pursue Energy Corp.
  799 F.2d 149· 5th Cir.· 1986-09-02 ·cited 2×
  The dissenting justice believes the contract is ambiguous regarding payment for sulphur extracted from sour gas and that summary judgment was improperly granted.
• Truck & Trailer Sales Corp. & Transp. Indem. Co. v. Carolina Freight Carriers Corp.
  500 So. 2d 177· Fla. 1st DCA· 1986-08-15 ·cited 2×
  In this contribution suit arising from a series of highway collisions caused by poor visibility, the court affirmed the jury's allocation of 25% negligence to appellants and 75% to appellee, rejecting appellants' intervening cause argument. The court also reversed the denial of p
• Medina v. Vincenzo Lamonica
  492 So. 2d 809· Fla. 3d DCA· 1986-08-12 ·cited 2×
  A creditor cannot recover prejudgment interest on a usurious loan, and the double interest penalty applies even when usury is contracted but not yet fully exacted.
• Magnum Marine Corp. v. Great Am. Ins.
  640 F. Supp. 1142· S.D. Fla.· 1986-08-04 ·cited 2×
  The court held that the damaged boat was a constructive total loss under the insurance policy because it could not be restored to its original condition as a new vessel, entitling the plaintiff to recover the vessel's value less salvage and the deductible.
• Andreas Reichert v. Chem. Carriers, Inc.
  794 F.2d 1557· 11th Cir.· 1986-07-30 ·cited 2×
  A defendant who is not the injured worker's employer and has no obligation to provide compensation coverage cannot be barred from asserting a contributory negligence defense under LHWCA § 905(a).
• In re First Penn Corp. v. Fed. Deposit Ins. Corp.
  793 F.2d 270· 10th Cir.· 1986-06-26 ·cited 2×
  The court held that while no valid contract for the land sale existed, First Penn is entitled to restitution for payments made to prevent unjust enrichment, and may have a lien on the sale proceeds, subject to FDIC's defenses in bankruptcy court.
• Spath v. McLAUGHLIN
  490 So. 2d 217· Fla. 4th DCA· 1986-06-25 ·cited 2×
  A lender appeals a trial court's refusal to award attorney's fees, costs, and default interest on a promissory note after the borrower defaulted. The appellate court reversed, holding that attorney's fees and default interest were properly due under the note's terms despite an ac
• Knowles v. The Mut. Life Ins. Co. OF NEW York
  788 F.2d 1038· 4th Cir.· 1986-04-23 ·cited 2×
  The court held that a magistrate did not err in striking a jury's answer regarding conditional delivery due to unfair surprise and in entering judgment for the plaintiff based on the agent's apparent authority to accept a postdated check.
• Atlin v. Security-Connecticut Life Ins. Co. V. Nat'l Paragon Corp. V. Nilta Enters.
  788 F.2d 139· 3d Cir.· 1986-04-14 ·cited 2×
  Under Pennsylvania law, a life insurance company is required to pay prejudgment interest on policy proceeds for the period between receiving proof of death and paying the funds into court as part of an interpleader action.
• Preston v. United States
  776 F.2d 754· 7th Cir.· 1985-11-08 ·cited 2×
  The court held that the district court did not abuse its discretion in calculating damages for conversion, and that the plaintiffs' claim for loss of use of the converted grain was barred as prejudgment interest under the Federal Tort Claims Act.
• Rodriguez v. Leonard
  477 So. 2d 19· Fla. 3d DCA· 1985-10-08 ·cited 2×
  A Florida appellate court reversed a trial court judgment favoring a home seller and remanded for entry of judgment for the buyer. The seller failed to comply with express contractual warranties regarding building code violations, marketable title, and conformity to architectural
• Fabe v. Facer Ins. Agency, Inc.
  773 F.2d 142· 7th Cir.· 1985-09-09 ·cited 2×
  The court held that Facer Insurance Agency is liable for all premiums due on policies written before PIC's liquidation, including unearned premiums and commissions, due to the application of Illinois' liquidation statute.
• In re the Complaint of RIO Grande Transp., Inc. v. RIO Grande Transp., Inc.
  770 F.2d 262· 2d Cir.· 1985-08-08 ·cited 2×
  The court held that prejudgment interest should not be awarded from the date of settlement agreements when those agreements did not specify a payment time, but rather from the date after a reasonable time for payment had elapsed.
• Parker v. O'Rion Indus., Inc.
  769 F.2d 647· 10th Cir.· 1985-07-30 ·cited 2×
  The court held that a settlement with a co-defendant must reduce the judgment against the remaining defendant, and prejudgment interest accrues from the filing of the federal action, not the prior state action.
• Gathercrest Ltd. v. First Am. Bank & Tr.
  649 F. Supp. 106· M.D. Fla.· 1985-07-08 ·cited 2×
  The court held that the parties agreed, through their conduct and banking customs, that the Uniform Rules of Collection (URC) would govern their duties regarding the first bill of exchange, and that the bills of exchange qualified as documentary drafts under the UCC.
• Musico v. Champion Credit Corp.
  764 F.2d 102· 2d Cir.· 1985-06-10 ·cited 2×
  The court held that defendants breached fiduciary duties, committed constructive fraud, and conversion by withholding estate funds, but that forfeiture of all agency fees was improper where services were properly performed.
• Burkhart v. Kroeger Concrete Prods., Inc.
  468 So. 2d 469· Fla. 4th DCA· 1985-05-08 ·cited 2×
• United States v. S.S. (JOE) Burford, Inc.
  761 F.2d 173· 4th Cir.· 1985-05-06 ·cited 2×
  The court held that the district court erred in refusing to award prejudgment interest on delinquent reclamation fees as provided by regulation.
• Cogenic Energy Sys., Inc. v. Ring Power Corp.
  465 So. 2d 631· Fla. 1st DCA· 1985-03-21 ·cited 2×
• Tri-City Title Co. v. Yone Valero
  464 So. 2d 698· Fla. 2d DCA· 1985-03-08 ·cited 2×
  Tri-City Title Company appealed a judgment awarding Yone Valero $29,316.68 from a reinstated escrow account after Tri-City wrongfully disbursed $24,000 in escrowed funds to satisfy a bank lien on property owned by Valero and her former husband as tenants by the entireties. The ap
• Harry E. Robbins Assocs., Inc. v. Sudbury
  467 So. 2d 343· Fla. 2d DCA· 1985-03-08 ·cited 2×
  A real estate salesman recovered a judgment for $12,500 representing half of a commission, claiming he was the procuring cause of a property sale. The appellate court affirmed the judgment despite finding harmless error in the trial court's initial reliance on a pleading admissio
• Sharon Steel Corp. v. Lakeshore, Inc.
  753 F.2d 851· 10th Cir.· 1985-01-31 ·cited 2×
  The court held that New Mexico law permits recovery for economic losses in a negligence action when a negligently manufactured product causes physical damage to property, but reversed the award of prejudgment interest due to uncertain damage calculations.
• Fla. Steel Corp. v. Adaptable Developments (West Palm Beach), Inc.
  462 So. 2d 578· Fla. 4th DCA· 1985-01-23 ·cited 2×
  The dissenting judge believes the owner's abandonment should not prejudice innocent lienors, and that pre-abandonment lienors should prevail first in time. The judge also believes prejudgment interest should have been awarded.
• W.C. and Kenneth Strey v. Hunt Int'l Res. Corp.
  749 F.2d 1437· 10th Cir.· 1984-12-04 ·cited 2×
  The court held that the sales contract did not create a fiduciary duty and that the jury's damages instruction for the good faith claim was erroneous, requiring a new trial on that claim.
• DON Luigi's Ristorante, Inc. v. Indep. Fire Ins. Co.
  460 So. 2d 405· Fla. 4th DCA· 1984-11-14 ·cited 2×
  Don Luigi's Ristorante sued its fire insurance carrier for damages after a fire destroyed its business. The jury returned a verdict in appellant's favor, but the court reversed the damages award due to lack of legal justification for the amount, while affirming the attorney's fee
• Partner v. Handy & Harman
  747 F.2d 416· 7th Cir.· 1984-10-30 ·cited 2×
  The court held that UCC 2-305(3) did not apply as the contract did not involve a third party setting the price, and affirmed the district court's finding that the defendant did not receive the plaintiff's mailgram attempting to modify the contract. However, the court reversed the
• Credit Alliance Corp. v. Timmco Equip., Inc.
  457 So. 2d 1102· Fla. 4th DCA· 1984-10-03 ·cited 2×
  Credit Alliance Corporation appealed from a bench trial judgment denying its replevin action and awarding damages to equipment buyer Timmco Equipment. The appellate court reversed, finding Timmco was in default despite the trial court's contrary finding, and remanded for reconsid
• United States v. Commercial Constr. Corp.
  741 F.2d 326· 11th Cir.· 1984-09-06 ·cited 2×
  The court held that the trial court erred in disallowing evidence on the liquidated damages counterclaim and in denying prejudgment interest on a stipulated, liquidated debt.
• Ocean Transp. Line, Inc. v. Am. Philippine Fiber Indus., Inc.
  743 F.2d 85· 2d Cir.· 1984-08-14 ·cited 2×
  A guaranty of ocean freight extends to demurrage costs, and a contract's lay-day provisions can imply an obligation to pay reasonable demurrage even if a specific rate is omitted.
• Tony Guiffre Distrib. Co., Inc. v. Wash. Metro. Area Transit Auth.
  740 F.2d 295· 4th Cir.· 1984-08-01 ·cited 2×
  The court held that unpaid rent was inadmissible to prove damages in an inverse condemnation claim due to a non-arm's length lease, prejudgment interest was not awarded as it was not timely requested, and attorney's fees were not recoverable under the lease's indemnity clause.
• Kelly v. W & S Serv. Ctrs., Inc.
  451 So. 2d 1044· Fla. 1st DCA· 1984-06-26 ·cited 2×
  The court held that the trial court erred in calculating prejudgment interest by applying a flat annual rate to the total sum for one year and by failing to account for a statutory increase in the interest rate.
• Am. Cap. Corp. v. Forshee
  447 So. 2d 1010· Fla. 2d DCA· 1984-03-30 ·cited 2×
  The court held that the trial court retained jurisdiction to amend the final judgment and affirmed that portion of the appeal. However, it agreed that an evidentiary hearing was necessary to determine Forshee's exact entitlement to funds and reversed that part of the judgment.
• Ocean Ship Supply, Ltd. v. MV Leah
  729 F.2d 971· 4th Cir.· 1984-03-13 ·cited 2×
  The court held that Canadian law applied to the maritime lien claim, invalidating the lien due to a change in ownership, and reversed the wrongful seizure damages due to lack of malice.
• Chicago Ins. Co. v. Argonaut Ins. Co.
  451 So. 2d 876· Fla. 4th DCA· 1984-03-07 ·cited 2×
  The court held that prejudgment interest cannot be awarded when damages are unliquidated and uncertain until a jury verdict resolves fault and amount.
• Fremont Nat'l Bank & Tr. Co. v. Collateral Control Corp.
  724 F.2d 1410· 8th Cir.· 1983-12-28 ·cited 2×
  The court held that Collateral Control misdelivered the cattle by failing to follow the bank's explicit instructions, making it absolutely liable for their value, and that the award of prejudgment interest was appropriate.
• Fid. & Deposit Co. OF Md. v. Bristol Steel & Iron Works, Inc.
  722 F.2d 1160· 4th Cir.· 1983-12-01 ·cited 2×
  The court held that an express contract of indemnity governs the rights of the parties, and the surety's payment made in good faith to avoid disqualification from future work is recoverable from the principal, along with attorney's fees and interest.
• Silver Plumbing & Int'l Bus. & Mercantile Reassurance Co. v. Stephen Gervin, M.D.
  439 So. 2d 990· Fla. 1st DCA· 1983-10-26 ·cited 2×
  Florida appellate court affirmed a deputy commissioner's order requiring an employer/carrier to pay a physician's balance due on medical bills with 12% interest, but amended the interest calculation and declined to address attorney fees pending a final determination.
• Chromalloy Am. Corp. v. Fischmann
  716 F.2d 683· 9th Cir.· 1983-09-22 ·cited 2×
  The court held that royalty payments on an invalid patent are unenforceable, but compensation for non-patent assets transferred in a hybrid agreement may be allowed. The district court erred in enforcing the royalty agreement after repudiation.
• Galo Bueno v. Hamurabi, N.V.
  434 So. 2d 364· Fla. 4th DCA· 1983-07-20 ·cited 2×
  A contractor appeals from a judgment awarding him $8,500 in a dispute with a land developer over an oral construction contract. The trial court improperly computed damages based on percentage of work completed rather than enforcing the clear written settlement agreement between t
• United States for the Use & Benefit of United Elec. Corp. v. Nat'l Bonding & Accident Ins. Co.
  711 F.2d 131· 9th Cir.· 1983-07-19 ·cited 2×
  Summary judgment for the supplier was inappropriate because the district court failed to consider extrinsic evidence that could make the bond language susceptible to the surety's interpretation regarding coverage.
• Lonray, Inc. v. Azucar, Inc.
  568 F. Supp. 189· M.D. Fla.· 1983-06-27 ·cited 2×
  The court held that the defendant warehouseman was negligent in storing the plaintiff's sugar, leading to a loss, and was liable for damages, while also ruling on various contractual claims and counterclaims.
• Stewart v. City OF KEY W.
  429 So. 2d 784· Fla. 3d DCA· 1983-04-12 ·cited 2×
  The court held that the Florida Constitution's full compensation clause requires pre-judgment interest from the date of taking in inverse condemnation actions.
• Frank v. Engel van Lines, Inc.
  429 So. 2d 333· Fla. 3d DCA· 1983-03-01 ·cited 2×
  Frank won an $8,000 jury verdict against a moving company for damaged household goods. The court affirmed the denial of pre-judgment interest but reversed the trial court's refusal to award costs, holding that Frank, as the prevailing party, was entitled to costs as a matter of r
• Glover v. Metro. Life Ins. Co.
  698 F.2d 947· 8th Cir.· 1983-02-02 ·cited 2×
  The court held that the district court properly interpreted Missouri law regarding prejudgment interest and did not fail to follow the prior mandate.
• Airborne Freight Corp. v. Fleming Int'l Airways, Inc.
  423 So. 2d 921· Fla. 3d DCA· 1982-11-09 ·cited 2×
  Airborne Freight Corporation appealed a judgment awarding Fleming International Airways damages for breach of a charter agreement. The court affirmed the award for ground service costs but reversed awards for lost profits and repositioning costs, finding insufficient evidence tha
• Brown & Root Dev., Inc. v. Tenn. Valley Auth.
  681 F.2d 1313· 11th Cir.· 1982-08-02 ·cited 2×
  A TVA regulation requiring contractors to elect to proceed under the Contract Disputes Act in writing at the initial submission of a claim is valid and reasonable.