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S.D. Fla.·
2020-09-04
The court held that prejudgment interest is generally awarded in admiralty cases, but not on future damages awarded as a lump sum, and post-judgment interest is awarded at the statutory rate.
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S.D. Fla.·
2020-08-27
The court granted the USA's motion to alter judgment, finding a manifest error of fact regarding penalty calculations, and amended the judgment to reflect a lower penalty amount plus accrued interest and late fees.
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M.D. Fla.·
2020-08-18
The court granted Plaintiff's motion for default judgment, awarding damages, costs, and prejudgment interest.
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Del. Super. Ct.·
2020-08-17
The Court held that it has subject matter jurisdiction because the "amount in controversy" for the purpose of an arbitration exception in the Unit Purchase Agreement (UPA) includes prejudgment interest and is determined as of the date the complaint was filed. Therefore, the excep
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M.D. Fla.·
2020-06-16
The court granted the SEC's motion for permanent injunctions and other relief against defendants Diane Harrison and Michael Daniels, based on their consent to the entry of judgment.
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M.D. Fla.·
2020-06-03
The court granted the plaintiff's motion for nominal damages and post-judgment interest, but denied pre-judgment interest and required the plaintiff to follow proper procedure for seeking costs.
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Del. Ch.·
2020-03-31
The Delaware Court of Chancery held that the defendants breached their fiduciary duty by eliminating the plaintiff's economic interest in Real Time Data LLC without fair compensation. The court determined the fair value of the plaintiff's interest to be $173,000, plus interest, a
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Fla. 3d DCA·
2020-03-25
This case involves a dispute over the distribution of funds from a short-lived joint venture between Island Travel & Tours and MYR Independent. The appellate court affirmed the breach of contract and civil theft judgments but reversed the fraud and negligent misrepresentation cla
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Fla. 3d DCA·
2020-03-04
This case involves a dispute between former business partners, David Beem and Gary Ferguson, and Beem's claims against Gary's wife, Kim Ferguson. The appellate court affirmed most of the trial court's orders, including attorney's fees awarded to Mrs. Ferguson, but reversed and re
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Del. Ch.·
2020-02-27
The Delaware Court of Chancery awarded limited damages, finding that while defendant Hagai Tal committed fraud by failing to disclose PayPal's termination threats and a related fine, the plaintiffs failed to prove the quantum of damages proximately caused by this fraud. The court
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S.D. Fla.·
2020-01-28
The court denied Plaintiff's motion for partial summary judgment, finding genuine disputes of material fact regarding breach of contract and the application of statutory provisions.
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S.D. Fla.·
2019-12-23
The court held that the plaintiff failed to state a claim for defamation under § 1983 because he did not allege a common law defamation claim under Florida law and did not establish a constitutional injury, and that the defendant prosecutor was entitled to qualified immunity. The
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M.D. Fla.·
2019-12-17
The court held that a stay of proceedings is warranted to avoid inconsistent rulings and to simplify issues, pending the resolution of related litigation concerning the propriety of the underlying contract termination.
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S.D. Fla.·
2019-12-13
The court granted plaintiffs' motion for default judgment against Centra Tech, finding violations of securities laws and awarding damages based on investor losses.
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S.D. Fla.·
2019-12-05
The court granted plaintiff's motion for default final judgment against defendants BYS Wholesalers, LLC and William Sands.
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Fla. 3d DCA·
2019-12-04
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S.D. Fla.·
2019-12-02
The court granted the plaintiff's motion for default final judgment, finding sufficient basis in the pleadings and awarding the requested damages.
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Fla. 5th DCA·
2019-11-14
Bayview Loan Servicing appealed a trial court's award of attorney's fees to Jason Cross following an involuntary dismissal of Bayview's mortgage foreclosure action. The appellate court reversed the award of attorney's fees incurred in litigating the amount of the fees and reverse
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M.D. Fla.·
2019-11-13
The court entered a default judgment against the defendant for specific amounts owed on two claims, plus prejudgment and post-judgment interest and costs.
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S.D. Fla.·
2019-11-12
The court granted Plaintiff's Motion for Default Final Judgment because the Defendants failed to retain counsel after their previous counsel withdrew and failed to respond to court orders, leading to their default.
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M.D. Fla.·
2019-11-05
The court adopted the magistrate judge's recommendations, granting default judgment against defendants and awarding plaintiff monetary damages, transfer of interests, and attorney fees and costs.
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M.D. Fla.·
2019-10-22
The court held that the plaintiff's amended complaint sufficiently stated a claim for slip-and-fall negligence, but struck the demand for prejudgment interest.
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292 So. 3d 814·
Fla. 5th DCA·
2019-10-11
Separate settlement proposals to multiple defendants cannot be aggregated to determine entitlement to attorney's fees under section 768.79. An attorney representing himself in litigation may recover attorney's fees under section 768.79 and rule 1.442, as the statute's purpose is
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278 So. 3d 328·
Fla. 3d DCA·
2019-09-04
The appellate court reversed a "Summary Final Judgment" because it was improperly entered as a final judgment when some claims remained pending. The court clarified that the order should have been interlocutory regarding the granted claim and retained jurisdiction for the others.
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Fla. 1st DCA·
2019-08-13
Renee Marie Hollonbeck appealed a final judgment in a family law case establishing a parenting plan and child support. The appellate court found three errors: the trial court's failure to consider the parties' financial resources and need before denying attorney's fees, failure t
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276 So. 3d 920·
Fla. 3d DCA·
2019-07-03
The appellate court affirmed an award of attorney's fees, including fees for litigating the amount of fees, but reversed the prejudgment interest awarded on those fees. The court clarified that prejudgment interest on attorney's fees should only accrue from the date entitlement i
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277 So. 3d 1070·
Fla. 5th DCA·
2019-06-28
This case involves an appeal and cross-appeal concerning the equitable distribution of marital assets following a divorce. The appellate court affirmed in part and reversed in part, remanding for further proceedings, particularly regarding the consideration of tax consequences in
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14 Fla. L. Weekly 2445·
Fla. 5th DCA·
2019-05-31
A trial court has discretion to impose a sentence less than the full suspended sentence upon revocation of community control, and the court's knowing exercise of that discretion by choosing to impose the full sentence is not reversible error.
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Del. Ch.·
2019-04-30
The Court held that the proposed Debt/Equity Deal was not consummated, meaning the withdrawing member, Smith, retained his original fifty percent economic interest in the LLC. The Court determined the LLC's business value with Smith at the time of withdrawal was $16.25 million, a
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Del. Ch.·
2019-02-21
The Delaware Court of Chancery held that the Buyer did not breach the Operating Agreement by failing to ensure the Sellers received the contingent consideration, as the Buyer's actions were aimed at maximizing the long-term value of the Company and were entirely fair. The court a
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Del. Super. Ct.·
2018-08-09
The court granted the insurer's motion for supplementary relief, ordering the defendants to reimburse the insurer for defense costs paid under a reservation of rights. The court also granted the insurer's request for prejudgment interest, calculated from the date the court determ
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Del. Ch.·
2018-08-01
The Court of Chancery has broad equitable powers to fashion a complete remedy for breach of contract. In this case, the court awarded a multi-part remedy including specific performance to complete an Exit Sale, appointment of a monitor to oversee compliance, compensatory damages
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251 So. 3d 260·
Fla. 3d DCA·
2018-07-05
Mr. Diaz appeals a default judgment for civil theft and related claims totaling $319,252.95 in trebled damages. The court affirms the judgment in all respects but remands for correction of a $21.00 computational error in the trebled damages calculation.
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Fla. 4th DCA·
2018-07-05
Sterling Villages Condominium Association appeals a trial court judgment entered in its favor against a homeowner who purchased a unit at foreclosure, challenging the amount of assessments awarded and the calculation of prejudgment interest. The appellate court affirms the judgme
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Del. Super. Ct.·
2018-05-16
The court granted Plaintiffs' motion for entry of final judgment and prejudgment interest. The court held that Delaware substantive law applies under the law of the case doctrine and that final judgment is appropriate because the insurers denied coverage solely on the basis that
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240 So. 3d 757·
Fla. 4th DCA·
2018-03-21
Multiple overlapping judgments against different parties for the same damages are permissible; double recovery is prevented through post-judgment satisfaction rules rather than requiring joint and several judgments on their face. Undifferentiated settlement agreements must be app
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Del. Ch.·
2018-03-16
The court held that Consumer Capital, as a subrogee, is entitled to recover $145,571.86 for expenses incurred in defending the Colorado Federal Action, subject to a 20% allocation agreed upon by the indemnitees. Additionally, the court awarded $125,000 in fees-on-fees for Consume
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Del. C.P.·
2018-01-22
The Court found the Tenant responsible for replacing the broken window glass, and the Landlord responsible for replacing the inoperable heater. The Court also ordered pre- and post-judgment interest at the legal rate, not the contractual rate, due to the specific circumstances of
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234 So. 3d 861·
Fla. 5th DCA·
2018-01-19
A defendant who prevails on appeal and is subsequently discharged by a nolle prosequi is entitled to appellate costs under section 939.06, Florida Statutes, and rule 9.400(a), Florida Rules of Appellate Procedure.
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Fla. 5th DCA·
2018-01-15
A prevailing party on appeal who is discharged via nolle prosequi is entitled to appellate costs as a matter of law under section 939.06, Florida Statutes, and rule 9.400(a); the trial court has no discretion to deny costs to the prevailing party absent a court order otherwise.
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Del. Super. Ct.·
2017-12-05
The court granted in part and denied in part Spirit's motion for attorney's fees, costs, and interest. The court found that Spirit was entitled to recover its past fees and costs as awarded under the Asset Purchase Agreement (APA), but denied Spirit's request for pre-judgment and
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253 So. 3d 36·
Fla. 3d DCA·
2017-11-29
Allstate Insurance challenged a Miami-Dade County Court judgment in favor of medical provider Hallandale regarding personal injury protection (PIP) insurance reimbursement rates. The Florida Third District Court of Appeal initially dismissed Allstate's second-tier certiorari peti
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Del. Super. Ct.·
2017-10-23
The court granted in part and denied in part TIAA-CREF's motion for entry of a final order and judgment. The court found that TIAA-CREF was entitled to a judgment against Illinois National for the policy limits plus prejudgment interest. However, the court denied TIAA-CREF's requ
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211 So. 3d 310·
Fla. 3d DCA·
2017-02-15
The court held that the trial court properly determined the fair market value date, the deficiency amount, and the prejudgment interest rate based on the settlement agreement and the record provided.
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200 So. 3d 1300·
Fla. 5th DCA·
2016-10-10
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Del. Super. Ct.·
2016-08-26
The appellate court affirmed the trial court's decision regarding breach of contract liability and attorneys' fees, but reversed the award of interest. The court found no abuse of discretion in the evidentiary rulings and the determination of breach of contract. However, it held
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197 So. 3d 72·
Fla. 2d DCA·
2016-04-29
Citizens Property Insurance Corporation appealed a jury verdict awarding its insureds $160,000 in damages plus prejudgment interest for a covered sinkhole loss. The appellate court affirmed the underlying coverage finding but reversed the damage award to the extent it required su
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190 So. 3d 1110·
Fla. 2d DCA·
2016-03-30
Citizens Property Insurance Corp. appeals an award of over $1.4 million in fees, costs, and prejudgment interest to River Oaks Condominium II Association following River Oaks' successful sinkhole insurance claim. The Second District Court of Appeal affirms in part and reverses in
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198 So. 3d 656·
Fla. 2d DCA·
2015-11-18
The appellate court reviewed a lower court's order modifying child support and setting arrearages. The court affirmed most of the order but reversed the prejudgment interest calculation on a specific period of child support payments.
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168 So. 3d 1275·
Fla. 4th DCA·
2015-07-15