Prejudgment Interest

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

• Zehner v. Mel-Re Constr., Inc.
  576 So. 2d 348· Fla. 2d DCA· 1991-02-22
  The court held that the trial judge erred in vacating the damage award after the homeowner sold the property, as the award was supported by evidence of reduced sales value.
• Shaw v. R. Jennings Mfg. Co., Inc.
  573 So. 2d 1041· Fla. 3d DCA· 1991-02-05
  Richard Shaw contracted to purchase and exclusively market screen-printing machines from R. Jennings Manufacturing but failed to purchase any machines within the one-year term. Jennings sued for breach of contract, and the trial court found Shaw liable for repudiation and awarded
• Bess Caroline Molett v. Penrod Drilling Co.
  919 F.2d 1000· 5th Cir.· 1990-12-26
  The court held that ancillary jurisdiction was proper, the settlement was reasonable, and that the district court's findings were not clearly erroneous.
• CFC Fabrication, Inc. v. Dunn Constr. Co., Inc.
  917 F.2d 1385· 5th Cir.· 1990-11-30
  A bailee is not presumed negligent for lost or damaged property if they did not exclusively possess the property, and mere evidence of loss or damage is insufficient to prove negligence.
• Quave v. Progress Marine
  918 F.2d 33· 5th Cir.· 1990-11-14
  The court held that a claimant's success in recovering prejudgment interest constitutes a successful prosecution of a claim for attorney's fees under the LHWCA.
• Brown v. Secretary OF the Army
  918 F.2d 214· D.C. Cir.· 1990-11-09
  The Back Pay Act, as amended, encompasses unlawful denials of promotions under Title VII, waiving sovereign immunity for back pay awards.
• DELTA D Constr. Corp. v. Triangle Marine Constr.
  567 So. 2d 1010· Fla. 3d DCA· 1990-10-09
• Dole v. Tony & Susan Alamo Found.
  915 F.2d 349· 8th Cir.· 1990-09-25
  The court affirmed the district court's judgment awarding back wages and prejudgment interest to employees and enjoining the Foundation, finding the evidence sufficient and the interest award appropriate.
• Triple R Indus., Inc. v. Century Lubricating Oils, Inc.
  912 F.2d 234· 8th Cir.· 1990-08-21
  The court held that the evidence presented was insufficient to establish lost prospective profits with reasonable certainty, and the jury's damage award was therefore not supported.
• Sorrels Steel Co., Inc. v. Great Sw. Corp.
  906 F.2d 158· 5th Cir.· 1990-07-19
  The court held that parol evidence was admissible to show GSW's oral promise to remedy future issues, allowing recovery for post-Addendum impact damages, but not pre-Addendum impact damages. The court also affirmed the jury's findings on testing damages and releases, but remanded
• Executive 100, Inc. v. Martin Cnty.
  739 F. Supp. 1521· S.D. Fla.· 1990-06-27
  The court determined the reasonable attorney's fee award under 42 U.S.C. § 1988 and Federal Rule of Civil Procedure 11, allocating half the award to the plaintiffs and half to their counsel.
• Bennion v. Utex OIL Co.
  905 F.2d 324· 10th Cir.· 1990-06-08
  The court held that a nonconsenting mineral owner is not entitled to punitive damages for the operator's failure to pay production proceeds, absent an independent tort or express legislative approval.
• Bushkin Assocs., Inc. v. Raytheon Co.
  906 F.2d 11· 1st Cir.· 1990-06-08
  Prejudgment interest should be added to a quantum meruit award under Massachusetts law, and interest should be computed from the date of demand, as stipulated by the parties.
• Allen Archery, Inc. v. Browning Mfg. Co.
  898 F.2d 787· Fed. Cir.· 1990-03-19
  The court held that the reasonable royalty must be calculated based on the price at which the infringing bows were sold to customers, not the inter-company transfer price, and that prejudgment interest should be awarded for the period the case was stayed.
• S.C. Nat'l Bank v. Atl. States Bankcard Ass'n, Inc.
  896 F.2d 1421· 4th Cir.· 1990-02-28
  The court held that VISA transactions must be included in the pro rata share denominator for calculating termination fees and that obligations not binding at the date of termination must be excluded.
• Paper Corp. OF Am. v. Sandow
  558 So. 2d 75· Fla. 3d DCA· 1990-02-20
  Paper Corporation of America appealed a judgment in a suit to recover on an individual guarantee of a corporate credit account. The court reversed the trial court's limitation of the guarantor's liability to $1,500 and held that Helen Sandow was liable for the entire debt of $41,
• Franklin v. Franklin
  556 So. 2d 1153· Fla. 4th DCA· 1990-01-17
• Consumers Power Co. v. United States Dep't OF Energy
  894 F.2d 1571· Temp. Emer. Ct. App.· 1990-01-02
  The court held that sovereign immunity precludes prejudgment interest against the Department of Energy and that the district court must reconsider attorney fee awards under the EAJA, specifically addressing substantial justification and the prevailing party status.
• The Cyril Bath Co. v. Winters Indus.
  892 F.2d 465· 6th Cir.· 1989-12-20
  The court held that the district court did not err in calculating damages for breach of contract but did err in awarding prejudgment interest because the damages were not readily ascertainable at the time of the breach.
• Wylie v. The Marley Co.
  891 F.2d 1463· 10th Cir.· 1989-12-18
  The court held that a corporate officer's resignation under Kansas law is not exclusively required to be in writing and that the trial court erred in instructing the jury otherwise. The court also found that the exclusion of attorney-client privileged testimony was not an abuse o
• Cargill, Inc. v. Commercial Union Ins. Co. & Huffman Towing Co.
  889 F.2d 174· 8th Cir.· 1989-11-13
  The court held that the St. Paul policy was secondary and contingent due to Huffman's agreement to insure, regardless of the Commercial Union policy's terms.
• Ess-Food v. Rupari Food Servs., Inc.
  555 So. 2d 371· Fla. 3d DCA· 1989-10-17
  Ess-Food, a Danish export organization, appealed a bench trial judgment in a dispute with its exclusive American distributor Rupari over a rib products distribution agreement. The appellate court affirmed the trial court's finding that Rupari suffered damages from Ess-Food's brea
• J.I. Hass Co., Inc. v. Gilbane Bldg. Co.
  881 F.2d 89· 3d Cir.· 1989-08-08
  The court held that a valid base subcontract existed as a matter of law, and the district court erred in submitting the issue to the jury and in its supplemental instructions. Hass affirmed change order no. 1 by its conduct, limiting its claims to work exceeding that order's scop
• Liberty Bank & Its Successor in Interest v. Talman Home Mortg. Corp.
  877 F.2d 400· 5th Cir.· 1989-07-18
  The court held that the repurchase provision in the loan participation agreement is triggered only by a default of the underlying mortgage loan debtor, not by the seller's own breaches of the agreement. The seller's breaches are subject to common law damages.
• O'Hare v. United States
  878 F.2d 953· 6th Cir.· 1989-07-10
  The court held that the statute of limitations does not bar the government's action against the lender, the refusal to give a working capital loan instruction was not error, and the regulation limiting lender liability to 25% of funds supplied, including interest, is reasonable.
• DPC Gen. Contractors, Inc. v. Cobo Co., Inc.
  715 F. Supp. 367· S.D. Fla.· 1989-06-28
  The court held that the subcontractor was not liable for the cost of the industrial hygienist because the contract did not explicitly include that duty, and that prejudgment interest was recoverable on the principal amount due.
• Rogers v. The United States
  877 F.2d 1550· Fed. Cir.· 1989-06-15
  The court held that the government's failure to promulgate notice regulations constituted a breach of trust, but claimants must still prove causation for their injuries. The court also affirmed certain procedural rulings and factual findings while remanding others.
• Resorts OF KEY Largo, Inc. v. Philippon
  543 So. 2d 374· Fla. 3d DCA· 1989-05-16
• McQUEEN Contracting, Inc. v. Fid. & Deposit Co. OF Md.
  871 F.2d 32· 5th Cir.· 1989-04-26
  The court held that McQueen is entitled to prejudgment interest on the payment bond claim because it was liquidated, but denied punitive damages as McQueen failed to meet the required legal standard.
• McKelvy v. Metal Container Corp.
  103 F.R.D. 635· M.D. Fla.· 1989-03-06
  The court held that prejudgment interest should be calculated using the IRS method as applied by the NLRB, attorney fees are awarded based on established rates and reasonable hours, and the cost of the appeal transcript is taxable.
• Thomas v. Toth
  539 So. 2d 8· Fla. 2d DCA· 1989-02-24
  Appellants are entitled to prejudgment interest calculated from the date of closing on the property, not from the date their complaint was filed.
• Kern OIL & Ref. Co. v. Tenneco OIL Co.
  868 F.2d 1279· Temp. Emer. Ct. App.· 1989-01-27
  Prejudgment interest is not available for unliquidated damages in a case brought under § 210(a) of the Economic Stabilization Act.
• McQUEEN Contracting, Inc. v. Fid. & Deposit Co. OF Md.
  863 F.2d 1216· 5th Cir.· 1989-01-26
  Recovery under a performance bond is limited to its terms when a separate payment bond is simultaneously executed, and the payment bond supplants statutory 'additional obligations' imposed on performance bonds.
• Gen. Elec. Credit Corp. v. Strickle Props.
  861 F.2d 1532· 11th Cir.· 1988-12-21
  The court held that the sellers' breach of warranty regarding tax liability entitled the buyer (and its assignee GECC) to recover not only out-of-pocket expenses but also the value of lost tax refunds due to the breach, and that a setoff for interest owed to the sellers was limit
• Royal Caribbean Cruise Lines A/S & Poseidon Servs., Ltd. v. Sesto Caproli
  534 So. 2d 913· Fla. 3d DCA· 1988-12-13
  Appellants are not entitled to review of the prejudgment interest award because they agreed to it in open court.
• Ky. W. Va. GAS Co. & Equitable Gas Co. v. Pa. Pub. Util. Comm'n
  862 F.2d 69· 3d Cir.· 1988-11-28
  A state regulatory scheme that temporarily delays the pass-through of FERC-approved wholesale costs, including minimum bill obligations, does not violate the supremacy clause or the filed rate doctrine, provided the utility is ultimately able to recover those costs. The denial of
• Broward Cnty. v. Finlayson
  533 So. 2d 817· Fla. 4th DCA· 1988-10-12
  Broward County appealed a trial court judgment awarding prejudgment interest to county emergency technicians who were wrongly denied overtime pay. The Fourth District affirmed the award, holding that sovereign immunity does not bar prejudgment interest in breach of contract cases
• The United States v. Fed. Ins. Co. & Cometals, Inc.
  857 F.2d 1457· Fed. Cir.· 1988-09-30
  The Court of International Trade erred in holding that Federal Rule of Appellate Procedure 37 precluded prejudgment interest under 19 U.S.C. § 580 for unpaid import duties awarded pursuant to this court's mandate.
• Herndon v. Gov't Emps. Ins. Co.
  530 So. 2d 516· Fla. 5th DCA· 1988-09-08
  Appellants sued their insurer GEICO for uninsured motorist (UM) benefits and prejudgment interest following their daughter's death in a car accident. The court held that North Carolina law applies to both the coverage question and the prejudgment interest question under the doctr
• Omaha Indian Tribe v. Jackson
  854 F.2d 1089· 8th Cir.· 1988-08-04
  The court held that the government could use escrowed trust funds to satisfy its obligation to pay for improvements on the land, and that prejudgment interest was properly awarded. However, the court reversed the district court's ruling that the government could not use the court
• Mair v. C & O R.R.
  851 F.2d 829· 6th Cir.· 1988-07-12
  The court held that the railroad was not liable for the trespasser's injuries because it owed no duty of care as a landowner and its employees' alleged negligent advice to the trespasser was outside the scope of their employment.
• Garrett E. Mosure, Jr. v. Mut. Hosp. Ins., Inc.
  525 So. 2d 452· Fla. 2d DCA· 1988-04-29
  This case concerns whether an executor of an estate was entitled to prejudgment interest on a health insurance claim for nursing home care that the insurer wrongfully denied. The court held that prejudgment interest should accrue from the date the claim was wrongfully denied unti
• R.G. Speaks v. Trikora Lloyd P.T.
  838 F.2d 1436· 5th Cir.· 1988-03-11
  A compensation carrier's right to recover its lien from a third-party settlement is not limited to the injured worker's net recovery absent the carrier's consent.
• Bartelt v. Bartelt
  522 So. 2d 907· Fla. 5th DCA· 1988-03-03
  The court held that the jury's verdict awarding damages for mismanagement as trustee was contrary to the manifest weight of the evidence, requiring reversal.
• City OF Fort Myers v. Ingram
  516 So. 2d 69· Fla. 2d DCA· 1987-12-02
  The City of Fort Myers Neighborhood Redevelopment Agency appealed a trial court judgment that cancelled a mortgage and imposed an equitable lien instead. The appellate court reversed the cancellation of the mortgage and remanded for the trial court to reconsider the amount of the
• Gerber Prods. Co. v. Fisher Tank Co.
  833 F.2d 505· 4th Cir.· 1987-11-17
  The subcontractor is responsible for all of the plaintiff's damages and must indemnify the contractor, and prejudgment interest was improperly awarded because the damages were unliquidated.
• Bowers v. The Firestone Tire & Rubber Co.
  832 F.2d 64· 5th Cir.· 1987-11-12
  The court held that by settling with two codefendants, the plaintiffs relinquished their right to claim prejudgment interest on the portion of the judgment attributable to those settling defendants, and the remaining defendant was only liable for prejudgment interest on its propo
• United States v. Beaird Coal Co., Inc.
  825 F.2d 1471· 11th Cir.· 1987-08-06
  The court held that the district court erred in relying on audit figures that included minerals from a separate site when calculating the statutory exemption for reclamation fees, and reversed the finding that Cordova Clay was exempt.
• Algernon Blair Grp., Inc. v. United States Fid. & Guar. Co.
  821 F.2d 597· 11th Cir.· 1987-07-15
  The court held that a municipal demolition order can establish a constructive total loss under a valued policy law, but reversed the district court's finding on the sufficiency of the proof of loss, recalculating prejudgment interest.
• Thornhill v. Donnkenny, Inc.
  823 F.2d 782· 4th Cir.· 1987-07-14
  The court held that the jury's verdict for breach of contract and breach of fiduciary duty was supported by sufficient evidence, but the denial of prejudgment interest was error, and the malicious termination claim is not a valid cause of action under Virginia law.