Prejudgment Interest

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

• Taylor v. Raygo, Inc.
  680 F.2d 1223· 8th Cir.· 1982-06-23 ·cited 2×
  The court held that prejudgment interest is not awarded in Minnesota on unliquidated claims that depend on jury discretion, even in a bifurcated trial.
• The Fid. & Cas. Co. OF NEW York v. Superior Casing Crews, Inc.
  642 F.2d 147· 5th Cir.· 1981-04-09 ·cited 2×
  Excess insurers are liable for pre and post-judgment interest on their policy limits and attorneys' fees for arbitrary refusal to pay, even if a direct action statute does not apply, provided the "no action" clause conditions are met.
• Gen. Accident Fire & Life Assurance Corp., Ltd. v. Am. Cas. Co. of Reading
  390 So. 2d 761· Fla. 3d DCA· 1980-11-18 ·cited 2×
  The court reviewed an insurance policy exclusion for windstorm damage to pool enclosures, as amended by an endorsement, to determine if a screened pool enclosure was covered.
• Peel v. Fla. Dep't of Transp.
  500 F. Supp. 526· N.D. Fla.· 1980-10-08 ·cited 2×
  The court held that the plaintiff is entitled to back wages and benefits, including prejudgment interest, and that the defendants' arguments regarding failure to mitigate and waiver of rights are without merit.
• The Mann & Parker Lumber Co. v. Wel-Dri & Moore Dry Kiln Co. of Or.
  579 F.2d 973· 6th Cir.· 1978-06-20 ·cited 2×
  The court held that the contract was valid and enforceable, but the trial court erred in its calculation of damages by misapplying a liquidated damages clause to a total breach and by denying consequential damages.
• Isidore Tyber v. Great Cent. Ins. Co.
  572 F.2d 562· 6th Cir.· 1978-03-31 ·cited 2×
  The court held that the insurer's refusal to pay was based on legitimate grounds, thus no statutory penalty was warranted, and interest should be calculated from the judgment date, not from 60 days after the loss.
• Marsteller Corp. v. Ranger Constr. Co.
  530 F.2d 608· 4th Cir.· 1976-02-04 ·cited 2×
  The court held that the maximum pre-judgment interest rate a jury can award under Virginia law, absent a contract specifying a rate, is eight percent.
• Charlotte Aircraft Corp. v. Purdue Airlines, Inc.
  498 F.2d 152· 8th Cir.· 1974-06-07 ·cited 2×
  The court held that an agent's contemplation of purchasing the principal's property for resale without disclosure constitutes a breach of fiduciary duty, but this breach does not necessarily preclude commission if the agent did not actually complete the purchase. The court also a
• Alexis I. duPONT de-BIE v. Vredenburgh
  490 F.2d 1057· 4th Cir.· 1974-01-09 ·cited 2×
  The court held that the assignee of rights under a separation agreement is entitled to all accrued sums and prejudgment interest, and that a presumption of life applies to the assignor. The court affirmed the dismissal of a counterclaim based on a promissory note.
• Shatterproof Glass Corp. v. Libbey-Owens-Ford Co.
  482 F.2d 317· 6th Cir.· 1973-07-31 ·cited 2×
  The court held that the district court erred in finding that the 1931 LOF-Ford license agreement did not contain more favorable terms or rates of royalty than those granted to Shatterproof, and that the burden of proof on this issue should shift to LOF on remand. The court also h
• Gold Bond Stamp Co. OF Ga. v. Bradfute Corp.
  463 F.2d 1158· 2d Cir.· 1972-06-22 ·cited 2×
  The court held that an oral agreement between Gold Bond and Bradfute to furnish prizes was enforceable, despite the underlying promotion potentially being an illegal lottery, because Gold Bond was an unwitting and minimally participating party.
• Brotherhood OF Railroad Signalmen v. Chicago
  444 F.2d 1270· 7th Cir.· 1971-06-28 ·cited 2×
  The court held that the carrier's failure to raise the mitigation defense before the National Railroad Adjustment Board, coupled with the award's ambiguity, meant the district court correctly enforced the award after the Board clarified it.
• AETNA Cas. & Sur. Co. v. Brunswick Corp.
  437 F.2d 838· 10th Cir.· 1971-01-22 ·cited 2×
  The court held that the trial court did not err in granting summary judgment, finding that Delta was a voluntary bailee of Brunswick's property and that the insurance policies covered Brunswick's interest.
• The Reiss S.S. Co. v. United States Steel Corp.
  427 F.2d 1152· 6th Cir.· 1970-06-11 ·cited 2×
  The court held that while prejudgment interest is generally within the court's discretion, it would be inequitable to award interest during specific periods of appeal and mandamus proceedings.
• Ralston Purina Co. v. Parsons Feed & Farm Supply, Inc.
  416 F.2d 207· 8th Cir.· 1969-08-27 ·cited 2×
  The court held that the trial court did not err in exercising its discretion to disallow interest on the full amount of the plaintiff's claim during the period between the first and second judgments, effectively allowing interest only on the net amount.
• Reports Corp. v. Tech. Publ'g Co.
  411 F.2d 168· 7th Cir.· 1969-05-22 ·cited 2×
  The court held that an oral promise to assume a debt could be enforced despite a written agreement that omitted the promise, as the parties did not intend the writing to be a complete integration of their agreement.
• Flota Mercante Grancolombiana v. Fed. Mar. Comm'n & United States
  373 F.2d 674· D.C. Cir.· 1967-02-07 ·cited 2×
  The court affirmed the Federal Maritime Commission's reparations award, finding that the calculation of lost profits was appropriate and that the chosen reparations period and computation methods were within the Commission's discretion.
• Moorhead v. The Stearns-Roger Mfg. Co.
  320 F.2d 26· 10th Cir.· 1963-08-07 ·cited 2×
  The court held that the hauler was acting as a common carrier, making him liable without fault for the transformer's damage, and that the insurer's co-insurance clause was inapplicable.
• Soby v. Johnson
  270 F.2d 193· 9th Cir.· 1959-09-08 ·cited 2×
  The court held that the District Court for the Territory of Alaska had jurisdiction under the Miller Act and that the award of damages and prejudgment interest was supported by substantial evidence.
• Nat'l Trucking & Storage Co., Inc. v. The Pa. R.R. Co.
  228 F.2d 23· D.C. Cir.· 1955-09-29 ·cited 2×
  The court affirmed the dismissal of the Trucking Company's complaint challenging ICC demurrage charges, but reversed summary judgment on the Trucking Company's counterclaim for damages due to delay.
• C.W. Roberts Contracting, Inc. v. Johnson Bros. Corp.
  2018 WL 6620592· M.D. Fla.· 2025-11-25 ·cited 1×
  C.W. Roberts Contracting sought pre-judgment interest, post-judgment interest, and attorney's fees following a successful motion to correct an arbitration award. The district court granted the motion in part and denied in part, awarding only post-judgment interest at the federal
• Citizens Prop. Ins. Corp. v. Avill James
  376 So. 3d 75· Fla. 3d DCA· 2023-08-09 ·cited 1×
  An insured is not entitled to prejudgment interest when the insurer does not deny coverage, participates in the appraisal process, and timely pays the appraisal award within the period specified in the insurance policy.
• Suresh Gidwani and Bina Gidwani v. Roberts
  349 So. 3d 917· Fla. 3d DCA· 2022-10-12 ·cited 1×
  Suresh and Bina Gidwani appealed a trial court's award of attorneys' fees and costs to Sherry Roberts and Alice Randolph in a dispute over condominium parking space ownership. The appellate court affirmed the trial court's determination that the parking spaces belonged to the pla
• Philip Morris USA Inc. v. Naugle
  Fla. 4th DCA· 2022-03-02 ·cited 1×
  The appellate court reversed a trial court's attorney's fees award, finding that the trial court erred by admitting unreliable expert testimony. The court held that expert testimony on attorney's fees is subject to Daubert standards and that the expert's testimony lacked a reliab
• Cate Brown Photography v. David-Jacobs Publ'g Grp., LLC
  2015 WL 2238210· M.D. Fla.· 2019-08-27 ·cited 1×
  The court granted the plaintiff's motion for entry of final judgment of default, awarding damages, costs, and attorney's fees for copyright infringement.
• Cleveland Clinic Fla. v. Child's. Cancer Caring Ctr., Inc.
  274 So. 3d 1102· Fla. 4th DCA· 2019-05-29 ·cited 1×
  Children's Cancer Caring Center, Inc. (CCCC) sued Cleveland Clinic Florida for unjust enrichment, claiming Cleveland Clinic improperly used three designated donations totaling $300,000 made between 1996-1997. The circuit court awarded judgment for CCCC, but Cleveland Clinic appea
• Avp Destiny LLC v. Elisabeth Deluca
  267 So. 3d 1048· Fla. 4th DCA· 2019-04-10 ·cited 1×
  The FD Parties sued the Pugliese Parties for civil theft arising from a failed real estate development. A jury awarded $2.9 million in compensatory damages, which the trial court trebled to $8.7 million under Florida's civil theft statute and then added prejudgment interest. The
• Bouyer-Bello v. Unemployment Ins. Appeal Bd.
  Del.· 2018-07-30 ·cited 1×
  The appellate court affirmed the Superior Court's judgment, holding that TIAA's settlements were not uninsurable disgorgements under New York law, that TIAA met its burden to prove the reasonableness of its defense costs, that Arch waived its consent-to-settle defense, that the "
• Forthuber v. First Liberty Ins. Corp.
  229 So. 3d 896· Fla. 5th DCA· 2017-11-17 ·cited 1×
  In this first-party insurance dispute, the Fifth District Court of Appeal held that a trial court must consider all hours reasonably expended by an insured's attorneys—including hours worked by a prior firm that withdrew before case conclusion—when calculating a reasonable attorn
• THE Zodiac Grp., Inc. v. Grayrobinson, P.A.
  224 So. 3d 333· Fla. 3d DCA· 2017-08-09 ·cited 1×
  The Zodiac Group and two individual principals appealed final judgments holding them jointly and severally liable for unpaid attorney's fees totaling $115,422.26 owed to their former law firm GrayRobinson, and affirming the enforceability of separate settlement proposals. The cou
• J.P. Morgan Sec., LLC v. Geveran Invs. Ltd.
  224 So. 3d 316· Fla. 5th DCA· 2017-08-04 ·cited 1×
  J.P. Morgan Securities and Lighting Science Group appealed a trial court's entry of summary judgment awarding Geveran Investments $25 million in rescissory damages plus interest, fees, and costs under Florida's Securities and Investor Protection Act (FSIPA). The appellate court r
• The Leila Corp. OF ST. Pete v. Fareed Ossi
  230 So. 3d 488· Fla. 2d DCA· 2017-07-21 ·cited 1×
  The Leila Corporation and the Agias appealed a final judgment awarding damages to Ossi and related entities for lost profits, unpaid services, and construction costs. The appellate court dismissed most of the appeal for untimely filing but addressed the propriety of prejudgment i
• Bankunited, N.A. v. Soheila Ajabshir and Mehdi Ajabshir
  207 So. 3d 354· Fla. 3d DCA· 2016-11-30 ·cited 1×
  BankUnited appealed a trial court judgment awarding attorney's fees to defendants in a foreclosure action, arguing the defendants waived their right to fees by failing to plead entitlement in their pro se answers. The court affirmed, holding that BankUnited's prolonged silence an
• Citizens Prop. Ins. Corp. v. Edgardo Nunez and Lucila Lopez
  194 So. 3d 1064· Fla. 2d DCA· 2016-06-24 ·cited 1×
  Citizens Property Insurance Corporation appeals a jury verdict awarding homeowners damages for breach of an insurance policy's sinkhole loss coverage. The court affirms the homeowners' right to sue without first obtaining a repair contract acceptable to the insurer, but reverses
• Scherry D. Jenkins v. Plaza 3000, Inc.
  134 So. 3d 1127· Fla. 4th DCA· 2014-02-12 ·cited 1×
  Jenkins appeals a judgment for breach of contract and counterclaim dismissal in a dispute over maintenance assessments for commercial property owned in a plaza. The Fourth District reverses the dismissal of Jenkins's slander of title counterclaim, reverses the damages award for i
• Finn v. Kent Sec. Servs., Inc.
  1992 WL 96195· S.D. Fla.· 2013-11-06 ·cited 1×
  The court held that the plaintiff failed to adequately plead a claim for discrimination under Title VII and failed to sufficiently allege an adverse employment action for a retaliation claim, warranting dismissal without prejudice.
• Bedoya v. Pastor Bedoya
  73 So. 3d 314· Fla. 3d DCA· 2011-10-19 ·cited 1×
• Howard v. Hartford Life & Accident Ins.
  765 F. Supp. 2d 1341· M.D. Fla.· 2011-03-31 ·cited 1×
  The court held that a plaintiff cannot seek disgorgement of profits or equitable distribution of profits under ERISA § 1132(a)(1)(B) if the plan does not provide for such remedies, and cannot pursue these remedies under § 1132(a)(3) if an adequate remedy exists under § 1132(a)(1)
• Denton v. Good WAY OIL 902 Corp.
  48 So. 3d 103· Fla. 4th DCA· 2010-11-10 ·cited 1×
  A buyer sued a seller for specific performance after a real estate contract for the sale of a commercial trailer park failed to close. The buyer also sued other defendants for tortious interference with the contract and slander of title. The jury awarded money damages for tort cl
• St. Paul Fire & Marine Ins. v. Lago Canyon, Inc.
  666 F. Supp. 2d 1341· S.D. Fla.· 2009-09-21 ·cited 1×
  The court vacated the award of costs to the insurer because the appellate court's decision on the coverage issue rendered the insurer no longer the prevailing party. The court granted prejudgment interest to the insured and denied the insured's motion to amend its affirmative def
• Pianeta Miami, Inc. v. Alan and Diane Lieberman
  990 So. 2d 551· Fla. 3d DCA· 2008-06-18 ·cited 1×
  The court held that the prior appellate decision affirming liability for unjust enrichment is res judicata and the damages awarded are supported by competent, substantial evidence.
• Westport Recovery Corp. v. Batista
  965 So. 2d 1189· Fla. 3d DCA· 2007-09-12 ·cited 1×
  Westport Recovery Corporation appeals an order denying its motion to stay satisfaction of a writ of execution. The court holds that post-judgment interest accrues on pre-judgment interest awards as a matter of law under Florida Statutes section 55.03, and the sheriff erred in cal
• Adam v. Versailles SUR LA MER Condo.
  973 So. 2d 466· Fla. 5th DCA· 2007-07-20 ·cited 1×
  The appellate court held that the appellant is entitled to prejudgment interest on his net judgment and to appellate attorneys' fees, but affirmed the trial court's denial of trial attorneys' fees due to an incomplete record.
• 800 Adept, Inc. v. Murex Sec., Ltd.
  505 F. Supp. 2d 1327· M.D. Fla.· 2007-04-12 ·cited 1×
  The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
• Harrington v. In re Est. OF George C. Batchelor, Steven Austin Carr, P.A.
  924 So. 2d 861· Fla. 3d DCA· 2006-02-22 ·cited 1×
  The court held that attorneys are entitled to contingency fees when a claim is settled, as per the unambiguous terms of the fee agreements. The court also held that pre or post-judgment interest was not awarded because the settlement agreement did not provide for it.
• Griffin v. Balistreri Realty, Inc.
  908 So. 2d 520· Fla. 4th DCA· 2005-06-29 ·cited 1×
• Postregna v. Hans Tanner
  903 So. 2d 219· Fla. 2d DCA· 2005-03-30 ·cited 1×
  A buyer contracted to purchase a luxury condominium for $3.575 million but refused to close after discovering undisclosed water damage and mold. The trial court found the seller violated his duty to disclose material defects and breached the good faith obligation in the sales con
• Transamerica Leasing, Inc. v. Inst. of London Underwriters
  338 F. Supp. 2d 1299· S.D. Fla.· 2004-09-17 ·cited 1×
  A loss payee does not have standing to sue under an insurance policy unless there is a valid assignment of rights or another applicable exception, and the Third Parties (Rights Against Insurers) Act 1930 does not apply to this property damage insurance policy.
• Stramondo v. JET 1, Inc.
  865 So. 2d 632· Fla. 2d DCA· 2004-02-11 ·cited 1×
• Red's Mkt. v. Cape Canaveral Cruise Line, Inc.
  2002 WL 77176· M.D. Fla.· 2002-01-09 ·cited 1×
  Individual defendants who controlled PACA trust assets are personally liable for the unpaid debt owed to a produce seller, even without evidence of fraud or bad faith, for failing to preserve those assets.