Prejudgment Interest

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

• Wales v. Jack M. Berry, Inc.
  192 F. Supp. 2d 1291· M.D. Fla.· 2000-11-30 ·cited 1×
  The court determined damages for violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA), awarding specific amounts for unpaid wages, prejudgment interest, and statutory damages.
• Brink Distribs., Inc. v. J. Evans Assocs., Inc.
  707 So. 2d 969· Fla. 5th DCA· 1998-04-09 ·cited 1×
  The court held that the prior $100,000 damage award lacked legal and factual basis and that the evidence supported an award of $131,000.
• Pellar v. Granger Asphalt Paving, Inc.
  687 So. 2d 282· Fla. 1st DCA· 1997-01-16 ·cited 1×
  Pellar and Sweetwater appealed a trial court's reduction of their claimed appellate attorney's fees from $10,351.51 to $2,844.61. The court affirmed, holding that the trial court did not abuse its discretion in setting a reasonable fee amount for an uncomplicated appeal where the
• Mesher v. Combs
  685 So. 2d 1391· Fla. 4th DCA· 1997-01-15 ·cited 1×
  This case addresses the individual liability of corporate officers under Florida's Securities and Investor Protection Act. The trial court found that a corporation (HSSI) violated state securities law by making material misrepresentations to an investor, but failed to hold the in
• E. Airlines & GAB Bus. Servs. & N. River Ins. Co. v. Planet-Reliance Ins. Co.
  695 So. 2d 732· Fla. 1st DCA· 1996-09-11 ·cited 1×
  North River Insurance Company appeals a Judge of Compensation Claims order awarding Planet-Reliance Insurance Company prejudgment interest on workers' compensation payments made to an injured employee, which North River was ultimately found liable to reimburse. The court affirms,
• Equal Emp. Opportunity Comm'n v. Domino's Pizza, Inc.
  909 F. Supp. 1529· M.D. Fla.· 1995-11-17 ·cited 1×
  The EEOC and David Papa sued Domino's Pizza for sexual harassment, quid pro quo harassment, and retaliatory discharge under Title VII. Papa's female supervisor, Beth Carrier, subjected him to unwelcome sexual advances, physical contact, and romantic overtures from January to May
• The Haskell Co. v. Peeples Constr. Co., Inc.
  648 So. 2d 833· Fla. 1st DCA· 1995-01-10 ·cited 1×
  Haskell Company, a sub-subcontractor, appealed a trial court judgment regarding construction bond notice requirements and conversion damages. The court affirmed the trial court's interpretation that the 45-day notice requirement in Florida Statutes section 255.05(2) runs from whe
• Cont'l Cas. Co. v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  165 B.R. 685· S.D. Fla.· 1994-03-15 ·cited 1×
  The court held that any initial due process violations suffered by CCC were cured by subsequent hearings, that the bankruptcy court did not abuse its discretion in granting nunc pro tunc relief, and that the court had jurisdiction to issue the orders.
• Stewart Sleep Ctr., Inc. v. Atl. Mut. Ins.
  860 F. Supp. 1514· M.D. Fla.· 1993-09-22 ·cited 1×
  The court held that the insurer's motions for judgment as a matter of law or a new trial were denied, and the insured's motion for attorney's fees, prejudgment interest, and costs was granted.
• Hargray v. City of Hallandale
  830 F. Supp. 1467· S.D. Fla.· 1993-08-30 ·cited 1×
  The court held that Hargray's resignation was involuntary and constituted a deprivation of his property interest in continued employment without due process, making the City liable under 42 U.S.C. § 1983.
• Spancrete, Inc. v. Rinker Materials Corp.
  623 So. 2d 760· Fla. 3d DCA· 1993-08-03 ·cited 1×
  The court held that the officers were personally liable for all materials purchased by the corporation and that prejudgment interest was improperly denied.
• Perez v. City of Key W.
  823 F. Supp. 934· M.D. Fla.· 1993-06-01 ·cited 1×
  The court held that the plaintiff sufficiently stated claims under 42 U.S.C. § 1983 and the First Amendment, but failed to state claims for defamation, violation of the Policemen's Bill of Rights, and tortious interference. Motions to dismiss punitive damages were granted, but mo
• Overseas Private Inv. Corp. v. Metro. Dade Cnty.
  1993 U.S. Dist. LEXIS 9823· S.D. Fla.· 1993-05-27 ·cited 1×
  The court denied Dade County's motions for judgment notwithstanding the verdict and for a new trial, finding sufficient evidence supported the jury's verdict and damages award.
• Trademark Research Corp. v. Maxwell Online, Inc.
  995 F.2d 326· 2d Cir.· 1993-05-18 ·cited 1×
  The court held that lost profits damages for in-house searches were not proven with sufficient certainty or contemplated by the parties, and reversed that award. However, the court affirmed the award for wasted expenses, finding the evidence sufficient.
• Coy U. Spawn, Jr. v. Western Bank-Westheimer
  989 F.2d 830· 5th Cir.· 1993-05-04 ·cited 1×
  The FDIC is immune from prejudgment interest awards for erroneous deposit insurance determinations, and its position was substantially justified, precluding attorney fees under the EAJA.
• Bohdan Maksymchuk v. Frank
  987 F.2d 1072· 4th Cir.· 1993-02-26 ·cited 1×
• Mar. Ins. Co. Ltd. v. Emery AIR Freight Corp.
  983 F.2d 437· 2d Cir.· 1993-01-13 ·cited 1×
  The court held that omissions of specific particulars from an air waybill, as required by Article 8 of the Warsaw Convention, automatically deprive the carrier of limited liability under Article 9, regardless of commercial significance.
• United States v. Cent. Gulf Lines, Inc.
  974 F.2d 621· 5th Cir.· 1992-10-09 ·cited 1×
  The court held that survey reports and quarantine certificates were admissible hearsay exceptions and that the carrier failed to rebut the prima facie case of cargo damage. However, the court reversed the district court's finding that the United States lacked standing on four cla
• Hannon Armstrong & Co. v. Sumitomo Tr. & Banking Co.
  973 F.2d 359· 4th Cir.· 1992-08-24 ·cited 1×
  The court held that the district court erred in calculating future profits using Sumitomo's market cost of funds approach, but affirmed its calculation of past profits using an average interest rate methodology and allowing certain transactional expense deductions.
• Jacobs v. Pickands Mather & Co.
  933 F.2d 652· 8th Cir.· 1991-05-16 ·cited 1×
  The court held that severance pay should include years of service with a former employer, Reserve Mining Company, and that the Firestone Tire & Rubber Co. v. Bruch standard applies retroactively. The court also affirmed the district court's finding that two individuals were emplo
• Kleier Advertising, Inc. v. Premier Pontiac, Inc.
  921 F.2d 1036· 10th Cir.· 1990-12-12 ·cited 1×
  The court held that prejudgment interest is recoverable under the Copyright Act, but affirmed the trial court's dismissal of defamation and deceptive trade practices claims.
• In re Nucorp Energy, Inc. v. Fredman
  902 F.2d 729· 9th Cir.· 1990-04-26 ·cited 1×
  The court held that payments made to a creditor within 90 days of bankruptcy were avoidable preferences because the creditor did not provide 'new value' by releasing a valueless lien, and the creditor's statutory lien was unperfected and thus avoidable.
• Twigg v. Hosp. Dist. of Hardee Cnty.
  731 F. Supp. 469· M.D. Fla.· 1990-02-21 ·cited 1×
  The court held that the defendants' motions to dismiss and strike should be denied in part and granted in part, finding that several claims, including negligence and a § 1983 claim, could proceed, but claims for punitive damages and pre-judgment interest were barred.
• The Ctr. OF Osceola, Inc. v. William Hicks & Sons, Inc.
  549 So. 2d 1048· Fla. 5th DCA· 1989-08-31 ·cited 1×
• Jong-In KIM v. Peoples Fed. Sav. & Loan Ass'n OF Tarentum
  538 So. 2d 867· Fla. 1st DCA· 1989-01-13 ·cited 1×
  In this guaranty enforcement case, the First District Court of Appeal reversed the trial court's judgment against three defendants (Kim, Mallady, and Bean) for lack of personal jurisdiction, and partially reversed as to the remaining defendants (Hanson and Searcy), finding that g
• Norsul Oil & Min. Co., Ltd. v. Texaco, Inc.
  703 F. Supp. 1520· S.D. Fla.· 1988-12-15 ·cited 1×
  The court held that defendants breached the contract by failing to pay royalties on oil produced from Shushufindi #1 from 1976 onwards and for certain payments in 1973-1974.
• Tillery v. Hull & Co., Inc.
  717 F. Supp. 1481· M.D. Fla.· 1988-04-30 ·cited 1×
  The court held that the seizure and detention of the vessel by Jamaican authorities, rather than the captain's barratry, was the proximate cause of the vessel's damage, and thus the loss was excluded by the Free of Capture and Seizure provision of the policy.
• Sumitomo Corp. of Am. v. M/V Saint Venture
  683 F. Supp. 1361· M.D. Fla.· 1988-04-19 ·cited 1×
  The court held that the carrier was liable for damages to the cargo because its "rust clause" was void and it failed to rebut the prima facie case of good condition upon receipt.
• Chantier Naval Voisin v. M/Y Daybreak
  677 F. Supp. 1563· S.D. Fla.· 1988-01-27 ·cited 1×
  The court held that French law applied to the maritime lien claim, and that the claim was not barred by laches, but recovery was limited to services necessary for the vessel's preservation.
• Associated Metals & Minerals Corp. v. Etelae Suomin Laiva
  671 F. Supp. 743· M.D. Fla.· 1987-10-08 ·cited 1×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the freshwater rust damage to the steel coils was a direct result of the defendant's negligence, and that even if damage occurred, certain COGSA exceptions would relieve the defendant of lia
• Jewelcor Jewelers & Distribs., Inc. v. S. Ornamentals, Inc.
  499 So. 2d 850· Fla. 4th DCA· 1986-11-26 ·cited 1×
  The court affirmed most damages awarded to a sublessee against a sublessor and lessor for lease violations, but reversed the award of punitive damages for gross negligence, finding it not an independent tort.
• Compagnie Des Bauxites de Guinea v. Ins. Co. OF N. Am.
  794 F.2d 871· 3d Cir.· 1986-07-08 ·cited 1×
  The court held that notice of a business interruption claim was reasonably given, even if from a third party, and that even if late, the insurer must show prejudice to deny coverage. The court also affirmed the jury's calculation of loss based on policy terms and the award of pre
• T & S Brass & Bronze Works, Inc. v. Pic-Air, Inc.
  790 F.2d 1098· 4th Cir.· 1986-05-12 ·cited 1×
  The court held that a buyer's failure to return defective goods after rightful rejection does not constitute acceptance or waiver if the buyer has a security interest in the goods and the seller's instructions for return are unreasonable. The court also held that a seller's condi
• Butler v. Coral Volkswagen, Inc.
  629 F. Supp. 1034· S.D. Fla.· 1986-03-04 ·cited 1×
  The court held that the defendant created a racially hostile work environment and discriminatorily terminated the plaintiff, violating Title VII and 42 U.S.C. § 1981.
• Gomez v. Hawkins Concrete Constr. Co.
  623 F. Supp. 194· N.D. Fla.· 1985-09-11 ·cited 1×
  An attorney who undertakes to represent a client in a transaction, even if not formally retained for that specific matter, owes a fiduciary duty and a duty of care, and can be held liable for negligence and breach of fiduciary duty for failing to disclose material information and
• The Complaint of RED Star Barge Line, Inc. v. Nassau Cnty. Bridge Auth.
  683 F.2d 42· 2d Cir.· 1982-06-23 ·cited 1×
  The court held that while the district court's method of valuing the tug was erroneous, the ultimate valuation figure was not clearly erroneous based on all admitted evidence. The court also held that the 6% prejudgment interest rate was improperly applied to the full award.
• Smith v. Univ. Presbyterian Homes, Inc.
  390 So. 2d 79· Fla. 2d DCA· 1980-10-15 ·cited 1×
  A court cannot award prejudgment interest on a refund of ad valorem taxes unless a statute expressly authorizes it.
• Balter v. Ethyl Corp.
  386 So. 2d 1226· Fla. 3d DCA· 1980-07-08 ·cited 1×
• DeLAUGHTER v. The Borden Co.
  431 F.2d 1354· 5th Cir.· 1970-07-06 ·cited 1×
• Merco Grp. at Akoya, Inc. v. Gen. Computer Servs., Inc.
  Fla. 3d DCA· 2026-07-08
  A trial court abuses its discretion in denying a remittitur motion when a jury awards damages unsupported by evidence; here, GCS failed to prove it paid amounts under the Salas and Barcena contracts, so the maximum recoverable damages were limited to out-of-pocket expenses of $10
• Merco Grp. at Akoya, Inc. v. Gen. Computer Servs., Inc.
  Fla. 3d DCA· 2026-07-08
  A trial court abuses its discretion in denying a remittitur motion when a jury verdict for damages is unsupported by evidence, particularly where the plaintiff failed to prove it actually incurred the expenses claimed under contracts. The maximum recoverable damages must be limit
• Exxon Mobil Corp. v. Corporación Cimex
  U.S.· 2026-06-23
  The Helms-Burton Act abrogates the foreign sovereign immunity of Cuban agencies and instrumentalities, and plaintiffs suing under the Act need not satisfy an FSIA exception. The Act's express cause of action against foreign agencies and instrumentalities, standing alone, signals
• Fla. Peninsula Ins. Co. v. SFR Servs., LLC
  Fla. 6th DCA· 2026-06-19
  When a trial court determines entitlement to damages on a date certain, it has a ministerial duty to compute and award prejudgment interest as part of the judgment.
• Sasser v. Joleen Sasser
  Fla. 6th DCA· 2026-06-19
  A trial court abuses its discretion and errs in calculating prejudgment interest when it relies on testimony that lacks a foundation in personal knowledge and is based on documents that were properly excluded as inadmissible hearsay. Prejudgment interest awards must be supported
• Reardon v. RJConsulting 4005 LLC
  Fla. 3d DCA· 2026-05-20
  A party cannot revive its right to appeal a final judgment by filing a motion for summary judgment on a separate claim after the time to appeal the final judgment has expired.
• Winegar v. Winegar
  Fla. 4th DCA· 2026-04-29
  A premarital brokerage account pledged as collateral for a marital debt does not become marital property merely because marital funds traceable to repayment of that debt were deposited into it; the account retained its nonmarital character absent true commingling. The trial court
• First Fla. Int'l, LLC v. Oleg Semenov, P.A.
  Fla. 3d DCA· 2026-03-04
  First Florida International refused to refund a mistaken $300,000 wire transfer sent by Oleg Semenov, who sued and obtained a default judgment after the trial court found the defendant's counsel engaged in willful disobedience of court orders. On appeal, First Florida Internation
• Shequita Truitt
  Del. Super. Ct.· 2026-02-13
  This case addresses the allocation of prejudgment interest between two joint tortfeasors in a wrongful death action. The court held that prejudgment interest applies solely to Defendant Winder because a settlement demand was made to him that was less than the final judgment, whil
• Mortg. Connect Document Solutions, LLC v. Green Indus.
  Del. Super. Ct.· 2026-02-03
  In this post-trial decision, the Delaware Superior Court denied Green Industrial's motion for reargument and request to alter the judgment in a lease dispute with Mortgage Connect Document Solutions. The court rejected Green's arguments that it had ruled inconsistently on recover
• Ghina Hamad v. Hanan Sarsour
  Fla. 3d DCA· 2026-01-28
  Ghina Hamad appealed orders compelling arbitration and confirming an arbitration award in favor of Hanan Sarsour on a breach of contract claim. The appellate court affirmed due to an insufficient record, lacking transcripts of material hearings necessary to review Hamad's challen