Prejudgment Interest

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

• Infrax Sys., Inc. v. Pierce Glen Wood
  155 So. 3d 426· Fla. 2d DCA· 2015-01-07
  Infrax Systems appeals a bench trial judgment for $68,575.38 in favor of employee Pierce Glen Wood. The court reverses the treble damages and processing fees awarded under Florida Statute 68.065 because Wood never presented the unpaid checks to the bank for payment, thus no disho
• Perkins v. Stevens
  15th Cir. Ct. App. Div.· 2015-01-02
  Perkins appeals a final judgment for breach of contract entered against him by PC Professor, a computer training company. The appellate court affirmed liability but reversed the damages amount, finding insufficient evidence that Perkins agreed to pay the full tuition after a scho
• RAM Mehta AND Neena Mehta v. Smurfit-Stone Container Corp.
  Del. Ch.· 2014-10-20
  The Delaware Court of Chancery dismissed claims related to a company's bankruptcy and subsequent merger, finding they were barred by a bankruptcy court confirmation order and a settlement order releasing all claims. However, a claim for the failure to provide merger consideration
• Kritchman v. Hunter Wolk
  152 So. 3d 628· Fla. 3d DCA· 2014-10-01
  William Kritchman and Wells Fargo appeal a judgment awarding Hunter Wolk damages for breach of trust and oral contract based on Mrs. Lola Kritchman's written directive to fund Wolk's Yale tuition. The court affirms liability for the undergraduate expenses but reverses the award f
• Nadiv Shapira, M.D.
  Del.· 2014-08-07
  The judgment in favor of the patient is affirmed, but the case is remanded with instructions to vacate the supplemental jury verdict. The court held that the physician breached the duty of informed consent by failing to disclose the viable alternative of epidural anesthesia and b
• Leilani Zutrau
  Del. Ch.· 2014-07-31
  The Delaware Court of Chancery held that the defendant breached his fiduciary duties by paying himself excessive compensation and improperly charging personal expenses to the company, and that the reverse stock split was implemented at an unfair price. The court rejected the plai
• Hardy v. C.A. No. 7531-VCP Sherry L. Hardy & Michael T. Hardy
  Del. Ch.· 2014-07-29
  The court found the trustees jointly and severally liable for breaching their fiduciary duties of loyalty and care by engaging in self-interested transactions, failing to account for trust funds, and mismanaging the trust. The court awarded monetary damages, imposed a constructiv
• Equity Auto Fin. v. Alaunder Lamar Miller
  9th Cir. Ct. App. Div.· 2014-05-09
  Equity Auto Finance appeals a trial court's default judgment that omitted an award of prejudgment interest on a vehicle deficiency balance. The appellate court reversed and remanded, holding that prejudgment interest is mandatory as a matter of law when a contract provides for it
• Martinez v. Miami-Dade Cnty.
  15 Employee Benefits Cas. (BNA) 2218· S.D. Fla.· 2013-09-30
  The court held that Miami-Dade County adequately pleaded claims for contribution and indemnification, but dismissed the bad faith claim as Florida does not recognize such a cause of action.
• Preferred Inv. Servs., Inc. v. T&H Bail Bonds, Inc.
  Del. Ch.· 2013-07-24
  The Delaware Court of Chancery found that the plaintiff, Preferred Investment Services, Inc. (PISI), materially breached an exclusive cash bail financing agreement with the defendant, T&H Bail Bonds, Inc. (T&H), by financing other cash bail agents. This material breach excused T&
• Alfa Vision Ins. Corp. v. Wellness Health Assocs.
  9th Cir. Ct. App. Div.· 2013-06-03
  Alfa Vision Insurance Corporation appealed a lower court's award of attorney's fees and costs to Wellness Health Associates following a no-fault insurance benefits dispute. The appellate court reversed the fee award because the underlying summary judgment on the merits had been p
• Alfa Vision Ins. Corp. v. Tampa Chiropractic Ctr.
  9th Cir. Ct. App. Div.· 2013-06-03
  Alfa Vision Insurance Corporation appealed a lower court's award of attorney's fees and costs to Tampa Chiropractic Center in a no-fault insurance benefits dispute. The appellate court reversed and remanded the attorney's fees judgment because the underlying summary judgment on t
• Israel Disc. Bank OF NEW York v. First State Depository Co., LLC
  Del. Ch.· 2013-05-29
  The Delaware Court of Chancery found the depository (FSD) liable for breach of a bailment agreement and the affiliated debtor (CAMI) liable for conversion of collateral. The court determined that the depository wrongfully released collateral without the lender's (IDB) consent, an
• Sargeant v. Mohammad Anwar Farid Al-Saleh
  125 So. 3d 930· Fla. 4th DCA· 2013-05-15
  Defendants appealed a $28.8 million jury verdict for fraud and violations of Jordanian law arising from disputes over U.S. government procurement contracts. The Fourth District affirmed the judgment on the merits but reversed on the cross-appeal issue of pre-judgment interest, re
• Mpeg LA, L.L.C. v. Dell Global B.V. & Dell Prods., L.P.
  Del. Ch.· 2013-03-06
  The court held that New York Civil Practice Law and Rules (N.Y. C.P.L.R.) 3219 is procedural, not substantive, and therefore should not be applied in this Delaware action, despite a choice of law provision in the contract selecting New York substantive law. The court reasoned tha
• Newport Operating Corp. v. Westgate Miami Beach, Ltd.
  106 So. 3d 1007· Fla. 3d DCA· 2013-02-20
  Newport appeals from the trial court's denial of a Rule 1.540 motion seeking relief from an order awarding prejudgment interest in a commercial dispute with Westgate. The Third District affirms, holding that the trial court properly limited its remand to calculating the amount of
• Alfa Vision Ins. Corp. v. Wellness Health Assocs.
  9th Cir. Ct. App. Div.· 2013-02-08
  Alfa Vision Insurance Corporation appeals a trial court's final judgment awarding No-Fault benefits to Wellness Health Associates for medical services rendered to four accident victims. The appellate court affirmed the standing ruling but reversed and remanded the fraud-related s
• Alfa Vision Ins. Corp. v. Tampa Chiropractic Ctr.
  9th Cir. Ct. App. Div.· 2013-02-08
  Alfa Vision Insurance Corporation appealed a trial court's final judgment granting summary judgment in favor of Tampa Chiropractic Center on a No-Fault insurance benefits claim. The appellate court affirmed the trial court's ruling on Tampa's standing to pursue the claim but reve
• In re Mobilactive Media, LLC
  Del. Ch.· 2013-01-25
  The Delaware Court of Chancery found that the defendant breached the joint venture agreement and fiduciary duties by usurping corporate opportunities. The court interpreted the agreement broadly, finding that the defendant's actions in acquiring companies within the joint venture
• Wiand v. Cloud
  1989 WL 133746· M.D. Fla.· 2013-01-23
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.
• Progressive Am. Ins. v. United States
  462 F. Supp. 2d 360· M.D. Fla.· 2012-12-21
  A subrogated insurer's claim under the Federal Tort Claims Act is barred if the insured failed to file an administrative claim within the statutory period, and equitable tolling is generally not applicable to such claims.
• Aztil, Inc. v. Bill's Elec. & Computer Serv.
  15th Cir. Ct. App. Div.· 2012-11-12
  Aztil appeals a trial court judgment awarding Bill's Electrical prejudgment interest and court costs. The appellate court affirms the prejudgment interest award but reverses the trial court costs award, holding that Bill's was not the prevailing party on the significant issues at
• Americas Mining
  Del.· 2012-08-27
  The Delaware Supreme Court affirmed the Court of Chancery's judgment, holding that the defendants breached their fiduciary duty of loyalty by causing Southern Peru to acquire Minera at an unfair price. The court found that the Special Committee operated with a 'controlled mindset
• Envo, Inc. v. Civil Action No. 4156-VCP KIM Walters
  Del. Ch.· 2012-07-18
  The court held that the defendants, Walters, Aylor, and Environmental Solutions Group, Inc. (New Environmental), are liable to the plaintiff, Envo, Inc., under the doctrine of promissory estoppel. The court found that the defendants made misrepresentations regarding the existence
• Whittington v. Dragon Grp., LLC
  Del. Ch.· 2012-05-25
  The court held that the plaintiff was not entitled to attorneys' fees under the company's authorization for legal fees, as the authorization was specifically for defense against the plaintiff's claims. The court also found that the defendant members failed to provide sufficient d
• Tull N. Gearreald, JR.
  Del. Ch.· 2012-04-30
  The Court of Chancery determined the fair value of Just Care, Inc. as of the merger date to be $34,244,570. This valuation was reached after a detailed analysis of competing expert valuations, focusing on the discounted cash flow (DCF) method. The court excluded speculative expan
• Gila Dweck v. Nasser
  Del. Ch.· 2012-01-18
  The court found that Gila Dweck, Kevin Taxin, and Bruce Fine breached their fiduciary duties to Kids International Corporation by usurping corporate opportunities, converting corporate resources, and causing Kids to reimburse Dweck for personal expenses. Albert Nasser largely pre
• Rotta v. Rotta
  99 So. 3d 529· Fla. 3d DCA· 2011-08-03
• Sand Dollar Distribs., Inc. v. Eastgroup Props., LP
  65 So. 3d 94· Fla. 4th DCA· 2011-06-22
  A tenant appealed a final judgment for breach of lease after vacating premises without paying accelerated rent for the remaining term. The trial court rejected the tenant's defense of oral modification and found the tenant's witnesses not credible. The appellate court affirmed th
• Whittington v. Civil Action No. 2291-VCP Dragon Grp. L.L.C.
  Del. Ch.· 2011-04-15
  The court held that Frank is a member of Dragon Group, LLC, with an ownership interest equivalent to 146 shares out of 776 total shares, or 18.81%. Frank is entitled to a payment of $162,175.10 plus prejudgment interest, and an accounting to determine his proportionate share of a
• IN & FOR NEW Castle Cnty. RTN Invs., LLC
  Del. Super. Ct.· 2011-02-10
  The Court found in favor of the plaintiff, RTN Investors, LLC, on its breach of contract claims against RETN, LLC and Jovica Petrovic. The Court determined that the Loan Agreement was clear and unambiguous, and that the defendants committed multiple Events of Default, including f
• Stonewall Ins. Co.
  Del.· 2010-06-03
  The Delaware Supreme Court affirmed in part and reversed in part a Superior Court judgment concerning disputed insurance policy language. The Court held that the product liabilities arose from a single occurrence, and that the non-cumulation clause was unambiguous and properly ap
• Morroni v. Philip L. Burnett, P.A.
  38 So. 3d 195· Fla. 2d DCA· 2010-06-02
  Morroni and Burnett disputed the terms of a contract requiring reimbursement for legal services from settlement proceeds of promissory note litigation. The court affirmed the enforcement of a charging lien on consolidated settlement proceeds but reversed the circuit court's refus
• Powell v. Home Depot U.S.A., Inc.
  715 F. Supp. 2d 1285· S.D. Fla.· 2010-05-28
  The court held that the patent is not unenforceable due to inequitable conduct, but awarded enhanced damages, attorneys' fees, and prejudgment interest based on willful infringement.
• Great Am. Opportunities, Inc. v. Civil Action No. 3718-VCP Cherrydale Fundraising, LLC
  Del. Ch.· 2010-01-29
  The court held that Cherrydale tortiously interfered with employment contracts of former KB employees by inducing them to breach non-compete and confidentiality clauses. The court also found that Cherrydale willfully and maliciously misappropriated KB's trade secrets, including s
• Cohen & Cohen, P.A. v. Gerson, Preston, Robinson & Co., P.A.
  24 So. 3d 805· Fla. 4th DCA· 2010-01-06
  The court held that the trial court erred in awarding prejudgment interest without specifying the date of accrual, requiring a remand for that determination.
• In re Sunbelt Bev. Corp. Consol. C.A. No. 16089-CC S'holder Litig.
  Del. Ch.· 2010-01-05
  The Court determined the fair value of Sunbelt Beverage Corporation at the time of the merger to be $114.04 per share. Goldring is entitled to her pro rata share of this fair value, along with pre- and post-judgment interest compounded quarterly at the legal rate. The Court award
• Sullivan v. Sullivan
  31 So. 3d 191· Fla. 4th DCA· 2009-12-16
  The court held that the trial court abused its discretion by awarding prejudgment interest on an equalizing payment from the date of the petition when marital assets were valued as of the final judgment date.
• Dominguez v. Miami-Dade Cnty.
  669 F. Supp. 2d 1340· S.D. Fla.· 2009-10-20
  The court held that while a plaintiff is entitled to interest on wages improperly withheld due to a USERRA violation, the plaintiff failed to demonstrate that the employer's actions regarding exam administration, scoring, performance evaluations, counseling, wage deductions, or t
• In & for New Castle Cnty. Bramble Constr. Co., Inc. v. [Unknown]
  Del. Super. Ct.· 2009-08-27
  The court held that a contract for construction services existed between Bramble and the Defendants for both the Zoar Estates and Country Meadows properties. Both parties breached their respective contracts. Bramble is awarded damages in the amount of $112,072.40, plus pre- and p
• Nova Se. Univ. OF the Health Scis., Inc. v. Sharick
  21 So. 3d 41· Fla. 3d DCA· 2009-08-26
  Nova Southeastern University appeals the denial of its motions for directed verdict and new trial, and challenges awards of prejudgment interest and costs in a case involving the wrongful dismissal of a student two months before graduation. The court affirms the jury's finding of
• Klein v. Cent. Fla. Invs., Inc.
  642 F. Supp. 2d 1374· S.D. Fla.· 2009-08-12
  The court held that the 'unorthodox transaction' exception to Section 16(b) did not apply because the defendant's actions in writing call options were voluntary and not involuntary as required by the exception.
• In re Transamerica Airlines v. Civil Action No. 1039-VCP Transamerica Airlines, Inc.
  Del. Ch.· 2009-07-22
  The Delaware Court of Chancery, in enforcing a Nigerian judgment, held that the judgment awarded $255,580 in special damages for breach of contract, plus 18% simple prejudgment interest from September 3, 1976, to October 20, 1999. It also awarded sixteen million naira in general
• Jablonski v. St. Paul Fire & Marine Ins. Co.
  645 F. Supp. 2d 1101· M.D. Fla.· 2009-07-13
  The court held that prejudgment interest is due on the unpaid portion of an insurance appraisal award from the date payment was contractually due, but not on a bad faith claim where the date of loss is unascertainable.
• IN & FOR NEW Castle Cnty. Rexnord Indus., LLC v. State of Del.
  Del. Super. Ct.· 2009-02-13
  The appellate court reversed the dismissal of the Mickens' lawsuit for failure to prosecute, finding that the dismissal was not appropriate under Florida Rule of Civil Procedure 1.420(e).
• Torres v. Costco Wholesale Corp. & Sedgwick CMS
  Fla. 1st DCA· 2008-09-26
• Peachtree Cas. Ins. Co. v. Novotny
  9th Cir. Ct. App. Div.· 2008-09-04
  Peachtree Casualty Insurance Company appeals a trial court's final summary judgment that denied application of a $2,000 personal injury protection (PIP) deductible to Novotny, an insured driver who was neither the named insured nor a resident dependent relative. The appellate cou
• Scheible v. The Joseph L. Morse Geriatric Ctr., Inc.
  988 So. 2d 1130· Fla. 4th DCA· 2008-07-30
  Linda Scheible, as personal representative of Madeline Neumann's estate, appealed a trial court judgment in her favor against a nursing home for breach of contract stemming from the nursing home's failure to honor the deceased's advance directive refusing resuscitative measures.
• Christiana Care Health
  Del.· 2008-07-01
  The Delaware Supreme Court affirmed in part and reversed in part the Superior Court's decision. The Court held that the trial judge did not abuse his discretion in allowing certain leading questions or in denying a new trial based on counsel's closing remarks. However, the Court
• ARCH Specialty Ins. Co. v. Riviera Assisted Living, LLC
  981 So. 2d 1248· Fla. 5th DCA· 2008-05-16