Prejudgment Interest

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

• The Hardaway Co. v. United States Fire Ins. Co.
  724 So. 2d 588· Fla. 2d DCA· 1998-11-06
  The court reversed a declaratory judgment, finding that an excess insurance policy did not provide coverage for defective design and construction by the insured.
• Centex Great Sw. Corp. v. AETNA Cas. & Sur. Co.
  718 So. 2d 1269· Fla. 5th DCA· 1998-10-09
  Centex Great Southwest Corporation, a general contractor, appealed the denial of its claim for pre-judgment interest against Aetna Casualty and Surety Company. The court held that Centex was not entitled to pre-judgment interest on its indemnity claim because the loss of use of w
• Samek v. Jeffrey S. Gerson, M.D.
  717 So. 2d 117· Fla. 3d DCA· 1998-09-09
  The court held that the jury verdict awarding damages and prejudgment interest for breach of contract was supported by competent and substantial evidence.
• Lewis OIL Co., Inc. v. Milliken
  711 So. 2d 636· Fla. 1st DCA· 1998-06-01
  The appellate court affirmed a trial court's decision regarding damages and prejudgment interest in a contract dispute between a company and its lessees. The court found no error in denying prejudgment interest on equipment value and in refusing to award costs to either party.
• REA v. 7-11 Stores/Southland Corp. & Kemper Grp.
  709 So. 2d 1383· Fla.· 1998-05-21
  Prejudgment interest on attorney's fees authorized by Workers' Compensation Law cannot accrue from the date entitlement is determined if the amount has not yet been established.
• Galehead, Inc. v. M/V Anglia
  15 F. Supp. 2d 1304· S.D. Fla.· 1998-05-08
  A corporation providing necessaries to a vessel may be entitled to a maritime lien, with factors such as nationality of the corporation, direct relationship with the charterer, and vessel awareness being critical.
• Provident Life & Accident Ins. Co. v. Lewis
  709 So. 2d 587· Fla. 4th DCA· 1998-04-01
  Provident Life sought reimbursement from settlement proceeds in a personal injury case involving a minor, based on its subrogation rights for medical expenses it paid. The court reversed the trial court's calculation of Provident's pro rata share and held that Provident is entitl
• SUN Plaza, L.P. v. Wilbro, Inc.
  703 So. 2d 1214· Fla. 1st DCA· 1997-12-31
  The court held that the trial court erred in failing to address certain prorated charges and rent, and in failing to award prejudgment interest on undisputed past due amounts.
• Governors Bank v. Fla. Env't Funding, Inc.
  697 So. 2d 978· Fla. 2d DCA· 1997-08-06
  Governors Bank appealed a jury verdict finding it liable for failing to properly record UCC security documents. The court affirmed the finding of liability but reversed and remanded on the damages and prejudgment interest calculations, reducing the damages from $400,000 to the un
• Narcissus Shipping Corp. v. Armada Reefers, Ltd.
  950 F. Supp. 1129· M.D. Fla.· 1997-01-08
  The court held that the Master's negligence in using inadequate stanchions made the vessel unseaworthy, thus Narcissus's claim for hire failed, and Armada was liable for breach of its duty to stow cargo. The court also found Looza/Juice Bowl negligent for withholding information
• Rallie P. Rallis v. Mark Equip. Ctr. OF S. Fla., Inc.
  685 So. 2d 936· Fla. 3d DCA· 1996-12-18
• Vellef v. Control-O-Fax Corp.
  682 So. 2d 1243· Fla. 5th DCA· 1996-11-22
  Dr. Thomas Vellef appealed a judgment against him for failing to pay two promissory notes to Control-O-Fax Corporation. The court reversed the award of prejudgment interest and attorney's fees because neither was supported by the promissory notes themselves, and affirmed the unde
• Totalbank & Everglades Props., Inc. v. Balbin
  677 So. 2d 404· Fla. 3d DCA· 1996-07-31
  The court affirmed the jury's awards for breach of oral agreement and breach of non-disclosure provision, but reversed the denial of postjudgment interest on prejudgment interest.
• Hawkins Sandblasting, Inc. v. Jacksonville Shipyards, Inc.
  668 So. 2d 1042· Fla. 1st DCA· 1996-02-15
  Hawkins Sandblasting appeals a judgment requiring it to indemnify Jacksonville Shipyards for attorneys' fees, defense costs, and settlement amounts arising from an employee injury claim. The court affirms, holding that the indemnification clause in the subcontract was broad enoug
• Beytin v. Remmel
  668 So. 2d 1034· Fla. 2d DCA· 1996-02-09
  Dr. Jeffrey Beytin sued Dr. Kyle Remmel and others after a failed chiropractic clinic sale, seeking damages for breach of employment agreements covering health insurance, malpractice insurance, and unpaid wages. The trial court found Beytin entitled to recover approximately $37,2
• Serna v. Trujillo
  664 So. 2d 49· Fla. 3d DCA· 1995-12-06
  A plaintiff is entitled, as a matter of law, to prejudgment interest on liquidated damages representing out-of-pocket pecuniary losses from the date of the loss.
• Blotnick Enters., Inc. v. Blanco
  661 So. 2d 94· Fla. 4th DCA· 1995-09-06
• Satter v. Satter
  659 So. 2d 1185· Fla. 4th DCA· 1995-08-16
  The court reversed the award of prejudgment interest but affirmed the requirement for the husband to transfer property free of liens.
• Auto-Owners Ins. Co. v. Neva Cathern Brubaker and Julie L. Farber
  653 So. 2d 1054· Fla. 2d DCA· 1995-04-07
  Auto-Owners Insurance Company's appeal from a judgment for breach of duty to defend and bad faith refusal to settle is affirmed, except the court reverses the award of postjudgment interest on prejudgment interest as contrary to established doctrine.
• David v. Liberty Nat'l Bank
  651 So. 2d 1291· Fla. 2d DCA· 1995-03-15
• Cole v. Leyla Isabel Sicilia Cole
  648 So. 2d 252· Fla. 3d DCA· 1994-12-28
  In a dissolution of marriage case, the trial court awarded the wife's law firm a final judgment against the husband for $30,500 in attorney's fees despite finding the husband could only pay $9,000, reasoning that he remained in the better financial position between the spouses. T
• State v. W. Flagler Assocs., Ltd.
  646 So. 2d 853· Fla. 3d DCA· 1994-12-28
• McDANIEL v. State Farm Mut. Auto. Ins. Co.
  632 So. 2d 673· Fla. 4th DCA· 1994-02-23
  The court held that a release of a party without a reservation of interest waives the right to prejudgment interest under Louisiana law.
• Maison Realty, Inc. v. Meredith Corp.
  633 So. 2d 27· Fla. 4th DCA· 1994-01-26
  The court denied motions for rehearing and en banc rehearing, granting a motion for clarification, and affirmed the trial court's order as a directed verdict, remanding only to correct errors in the amended final judgment's calculation of damages and prejudgment interest.
• McGURN v. Scott
  626 So. 2d 321· Fla. 1st DCA· 1993-11-12
  The court held that prejudgment interest was improperly awarded because the damages were not fixed as of a prior date certain in the final judgment.
• Joseph and Maria Siminkas v. Harrell
  625 So. 2d 125· Fla. 1st DCA· 1993-10-15
  The Siminkases appealed a trial court judgment in a construction defect case, contending the court failed to properly award offsets for various defects in a home built by contractor Harrell. The appellate court affirmed the offset for untreated lumber but reversed and remanded re
• The City OF Tampa v. Janke Constr., Inc.
  626 So. 2d 239· Fla. 2d DCA· 1993-08-27
  The City of Tampa appeals a breach of contract judgment awarded to Janke Construction for $415,059.09. The appellate court affirms the underlying judgment on three issues but reverses and remands to correct the calculation of postjudgment interest, holding that prejudgment intere
• First Bank & Tr. v. Knachel
  999 F.2d 107· 5th Cir.· 1993-08-26
  The court held that the trial court did not err in finding the vessel was in navigation and that the crew was entitled to a preferred maritime lien for wages and prejudgment interest.
• Partington v. Broyhill Furniture Indus.
  999 F.2d 269· 7th Cir.· 1993-07-19
  The court held that sufficient evidence existed for a rational jury to find age discrimination, and that the awards for back pay, front pay, and attorney's fees were not improper.
• Alpo Petfoods, Inc. v. Ralston Purina Co.
  997 F.2d 949· D.C. Cir.· 1993-07-16
  The court held that damages for delay in income stream are permissible under the Lanham Act, but awards for responsive advertising and enhancement must be recalculated.
• Leo and Arlene Zuchel v. The City & Cnty. OF Denver
  997 F.2d 730· 10th Cir.· 1993-06-23
  The court held that the evidence was sufficient to support the jury's verdict that the City of Denver was liable for the unconstitutional death of Leonard Zuchel due to inadequate training and deliberate indifference.
• Fed. Deposit Ins. Corp. v. Fuller
  994 F.2d 223· 5th Cir.· 1993-06-21
  The court held that laches is not a defense to a legal claim for debt, and the district court did not err in denying prejudgment interest when the jury likely rejected the FDIC's proof of interest.
• Walker v. AT & T Techs.
  995 F.2d 846· 8th Cir.· 1993-06-14
  The court held that the district court's refusal to give a jury instruction on an employer's right to make business decisions absent intentional age discrimination was prejudicial error.
• Mentor Ins. Co. (U.K.) Ltd. & Mentor Ins. Ltd. v. Norges Brannkasse
  996 F.2d 506· 2d Cir.· 1993-05-24
  The court affirmed the district court's adoption of the special master's report regarding reinsurance coverage and liability, but reversed and remanded on the issue of joint and several liability and attorneys' fees.
• Trainello v. Fiocchi
  618 So. 2d 330· Fla. 4th DCA· 1993-05-12
• Wang Labs., Inc. v. Toshiba Corp.
  993 F.2d 858· Fed. Cir.· 1993-05-10
  The court held that prosecution history estoppel barred the patentee from asserting infringement under the doctrine of equivalents for lateral memory modules because the 'single row' limitation was added to overcome prior art. The court also found that the patentee was estopped f
• Lyons v. Jefferson Bank & Tr.
  994 F.2d 716· 10th Cir.· 1993-05-03
  The court held that arguments not properly preserved in the trial court are not preserved for appeal, even if the trial court discussed them 'in the interest of a complete record.' The court also held that statutory pre-judgment interest is available even when the defendant is an
• Mapco Int'l Inc. v. Fed. Energy Regulatory Comm'n
  993 F.2d 235· Temp. Emer. Ct. App.· 1993-04-29
  The court held that the Department of Energy's 'layering rule' was procedurally valid and that its interpretation of the rule was reasonable and supported by substantial evidence, affirming the agency's Remedial Order.
• Bear Auto. Serv. Equip. Co. v. Westside Auto.
  616 So. 2d 1220· Fla. 1st DCA· 1993-04-27
  The court held that prejudgment interest may be awarded from the date of revocation of acceptance, and the date of written notice of revocation can serve as the basis for calculation.
• Vesta Ins. Co. v. Amoco Prod. Co.
  986 F.2d 981· 5th Cir.· 1993-03-29
  The court held that a party indemnifying another under a contract for services is not automatically considered an "insurer" for subrogation purposes, and that the subrogation clause in an excess insurance policy dictates the apportionment of recoveries.
• Prod. Credit Ass'n OF S. NEW Mexico v. Alamo Ranch Co.
  989 F.2d 413· 10th Cir.· 1993-03-24
  The court held that the assignment of accounts receivable was valid, there was no contract to guarantee the sale of cattle, no novation occurred, and an offset for excessive death loss was not warranted due to lack of proof of breach.
• Williams v. Aubyn G. Williams
  619 So. 2d 972· Fla. 3d DCA· 1993-03-23
  In this dissolution of marriage case, the Third District Court of Appeal reversed the trial court's award of the husband's inherited piano to the wife, holding it was nonmarital property, but affirmed the award of rehabilitative alimony, the denial of permanent alimony, and the h
• United States v. Am. Commercial Barge Line Co.
  988 F.2d 860· 8th Cir.· 1993-03-23
  The court held that the denial of prejudgment interest based solely on the rejection of a Rule 68 offer of judgment was an abuse of discretion, and that any denial of prejudgment interest should be limited to periods of government-caused delay in prosecution.
• Koch Hydrocarbon Co. v. MDU Res. Grp., Inc.
  988 F.2d 1529· 8th Cir.· 1993-03-15
  The court held that the McKenzie contract's price term upon deregulation was ambiguous and remanded for consideration of parol evidence, but affirmed the market price determination for damages. The court also affirmed damages based on the capacity of the Phillips plant and affirm
• In re LOU Levy & Sons Fashions, Inc. v. Michelina J. Romano
  988 F.2d 311· 2d Cir.· 1993-03-05
  A bank's commercially unreasonable conduct in accepting checks with forged endorsements bars it from asserting the drawer's negligence as a defense under UCC § 3-404.
• United States v. Fid. & Deposit Co. OF Md.
  986 F.2d 1110· 7th Cir.· 1993-02-23
  The court affirmed the district court's judgment, holding that res judicata did not bar Treat's claim, the award for Change Order AD was not clearly erroneous, the opinion testimony was admissible, and attorneys' fees were properly awarded for bad faith litigation.
• Fed. Ins. Co. v. ST. Paul Fire & Marine Ins. Company/St. Paul Mercury Ins. Co.
  985 F.2d 979· 8th Cir.· 1993-02-16
  The court held that the insurer whose policy covered all defense costs, even for claims outside its liability coverage, was primarily liable for those costs, and the excess insurer owed nothing.
• Rhea Dawn Jones v. NEW York Life & Annuity Corp.
  985 F.2d 503· 10th Cir.· 1993-02-10
  An insured has a duty to read their insurance application before signing, and is bound by its contents, including misrepresentations made by the agent, unless specific exceptions apply. The insurer must prove statutory grounds for rescission.
• United States v. Dimarco Corp.
  985 F.2d 954· 8th Cir.· 1993-02-08
  The court held that a defaulting bidder is liable for the full bid amount when a second sale becomes impossible through no fault of the creditor, but prejudgment interest should only accrue from the date the claim became liquidated.
• Guest v. Phillips Petroleum Co. & Phillips 66 Co.
  981 F.2d 218· 5th Cir.· 1993-01-18
  The court held that awarding the cost of relocating a house would constitute economic waste, thus affirming the award of fair market value.