Prejudgment Interest

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

• Ortho Pharm. Corp. v. Sona Distribs., Inc.
  663 F. Supp. 64· S.D. Fla.· 1987-06-22
  The court held that the defendants committed common law fraud by falsely representing the destination of pharmaceuticals to obtain them at a discounted price, and awarded compensatory and punitive damages.
• Interbel Trading, Inc. v. Editorial Caracas
  507 So. 2d 800· Fla. 4th DCA· 1987-05-27
• Dama v. Record BAR, Inc.
  512 So. 2d 206· Fla. 1st DCA· 1987-05-21
  The court held that leaseholders are entitled to compensation for their leasehold interests taken by condemnation, and prejudgment interest should be awarded when damages are fixed as of a prior date.
• Elmwood Plantation, Inc. v. Ruud Water Heater Division
  815 F.2d 1016· 5th Cir.· 1987-05-01
  A primary insurer has no obligation to contribute to a lump sum settlement for judicial interest, costs, and attorneys' fees beyond its policy limit unless there is a specific agreement to apportion part of the settlement for those items.
• Ingram River Equip., Inc. v. Pott Indus., Inc.
  816 F.2d 1231· 8th Cir.· 1987-04-14
  The court held that the implied warranty of fitness for a particular purpose under Mo.Ann.Stat. § 400.2-315 arose, and affirmed the judgment for breach of this warranty, but reversed the award of prejudgment interest.
• Bellochi v. Andrews
  505 So. 2d 506· Fla. 5th DCA· 1987-03-19
• Pro-Specialties, Inc. v. Thomas Funding Corp.
  812 F.2d 797· 2d Cir.· 1987-02-26
  The court held that a guarantor cannot be liable unless the principal debtor is also liable, and that the district court's dismissal of the claim against the principal debtor was inconsistent with finding the guarantor liable, requiring remand.
• Fed. Barge Lines, Inc. v. Granite City Steel Div. OF Nat'l Steel Corp.
  809 F.2d 497· 8th Cir.· 1987-01-14
• Gustave J. Perdigon and Gustave J. Perdigon, III v. Ranon
  501 So. 2d 35· Fla. 2d DCA· 1986-12-30
• Gibbs v. Int'l Multifoods Corp.
  804 F.2d 450· 8th Cir.· 1986-10-29
  The court held that the buyer's actions constituted a retraction of any anticipatory repudiation, and the seller's subsequent inability to perform meant the buyer was not liable for breach of contract.
• Square Constr. Co. & La Fera Contracting Co. v. Wash. Metro. Area Transit Auth.
  800 F.2d 1256· 4th Cir.· 1986-09-10
  The court affirmed the district court's judgment upholding the BCA's decision regarding reprocurement costs, but remanded for the district court to assess costs and attorney's fees against the Authority due to its prior misconduct.
• Piamco, Inc. v. Shell OIL Co.
  799 F.2d 262· 7th Cir.· 1986-07-29
  The court held that Shell remained obligated to pay advance and minimum royalties on released leases because the contract unambiguously bound them to do so, and that the district court retained jurisdiction to award prejudgment interest after Shell's premature appeal.
• Hale v. Life Ins. Co. OF N. Am.
  795 F.2d 22· 6th Cir.· 1986-07-08
  The court held that the insured's claim for the principal sum of the insurance policy was liquidated, entitling the estate to prejudgment interest from the date the claim was payable.
• Cashman v. Econ. Fire & Cas. Co.
  795 F.2d 50· 8th Cir.· 1986-07-02
  The court held that the territorial restriction clause in the insurance policies was invalid and did not preclude coverage for an accident occurring in Nigeria.
• Hemmerle v. Westfield Fin. Corp.
  489 So. 2d 1171· Fla. 3d DCA· 1986-05-27
• John Ownbey Co., Inc. v. Bike Athletic Co., Inc.
  488 So. 2d 618· Fla. 1st DCA· 1986-05-13
  Ownbey appeals a judgment for breach of contract awarded to Bike Athletic Company. Ownbey challenged personal jurisdiction and the sufficiency of evidence supporting the judgment. The court affirmed, holding that Ownbey's sale of its Gainesville store without proper notice under
• Morcyl Distrib. Co., Inc. v. Farrelly
  477 So. 2d 617· Fla. 5th DCA· 1985-09-19
  Morcyl Distributing Company breached its subdistributorship agreement with Farrelly, but the appellate court reversed the judgment against co-defendant Fine Distributing, reversed punitive damages, reduced compensatory damages based on inflated sales figures, and remanded for pre
• R. Banks v. PAN Am. World Airways, Inc.
  763 F.2d 1399· 11th Cir.· 1985-06-25
  The court held that the Civil Aeronautics Board's denial of prejudgment interest on dismissal allowances was not arbitrary or capricious.
• Valmor Distribs., Inc. v. Kanter Enters., Inc.
  474 So. 2d 1202· Fla. 4th DCA· 1985-05-22
  The court reversed an order granting summary judgment, finding that the appellees were not members of the class covered by the prior stipulated order and thus were not entitled to contact pay.
• Holiday Plaza Corp. v. Cinemas OF Miami, Inc.
  469 So. 2d 183· Fla. 3d DCA· 1985-05-21
  The court held that the base year for tax increase rent adjustments was 1981, making 1982 the first year for adjustment, and that prejudgment interest is due on unpaid rent increases.
• Serna, Inc. v. Harman
  742 F.2d 186· 5th Cir.· 1984-09-20
  The court held that the Statute of Frauds was satisfied and that resale damages were permissible, but vacated and remanded for recalculation of damages for retained goods and incidental damages.
• In re the Complaint of Hercules Carriers, Inc.
  614 F. Supp. 16· M.D. Fla.· 1984-09-14
  The court held that the Department of Transportation (DOT) is entitled to recover damages for the destruction of the Sunshine Skyway Bridge, including repair costs, debris removal, lost revenue, and other consequential damages, as calculated under maritime law. The court also fou
• River Rd. Constr. Co. v. Ring Power Corp.
  454 So. 2d 38· Fla. 1st DCA· 1984-08-07
  River Road Construction appeals a trial court's award of attorney's fees and interest to Ring Power beyond the amount set forth in River Road's offer of judgment. The court held that when a defendant's offer of judgment states a sum certain, a plaintiff who accepts it is preclude
• Icard v. Henderson
  455 So. 2d 417· Fla. 2d DCA· 1984-07-13
  The court held that the buyer was obligated to pay for changes made to the condominium unit at his request, even though the sale did not close, and that the seller was entitled to prejudgment interest from the date of closing.
• Rudd Constr. Equip. Co., Inc. v. Clark Equip. Co.
  735 F.2d 974· 6th Cir.· 1984-06-01
  The court held that the limited repair or replacement warranty failed of its essential purpose, allowing recovery of the net purchase price of the tractor shovel. However, the court also considered the exclusion of consequential damages and the availability of tort claims for dam
• Kerr v. State Farm Fire & Cas. Co.
  731 F.2d 219· 4th Cir.· 1984-04-05
  The court held that an erroneous jury instruction regarding the burden of proof for fraud requires a new trial on certain claims, but affirmed the award for the dwelling's loss.
• Handcrafted Homes, Inc. v. Palazzolo
  446 So. 2d 1087· Fla. 4th DCA· 1984-01-25
  The trial court erred in denying prejudgment interest in a mechanic's lien foreclosure action based on a breach of contract.
• Whorton v. The Home Ins. Co.
  724 F.2d 427· 4th Cir.· 1984-01-06
  The court held that the insurance company was liable for the loss of the vessel due to the captain's barratry, which occurred within the policy's extended navigational limits.
• Feist & Feist Realty Corp. v. Hansford Props., Inc.
  724 F.2d 31· 3d Cir.· 1983-12-16
  A real estate broker is not entitled to a commission on a sale to a trust, even if the trust's principal was a tenant, when the brokerage agreement specifically limited commissions to sales to 'a tenant' and did not include sales to third parties acting on the tenant's behalf.
• Brewster v. Alachua Tire & Fuel Servs., Inc.
  442 So. 2d 313· Fla. 1st DCA· 1983-12-02
  William Patrick Brewster, guarantor of Jerry Estopy's debt to Alachua Tire and Fuel Services, appealed a judgment against him. The appellate court affirmed the compensatory damages award but reversed the award of pre-judgment interest because the jury verdict did not conclusively
• Edward E. Gillen Co. v. E. Ky. Power Coop.
  718 F.2d 816· 6th Cir.· 1983-10-12
  The court held that the district court properly applied Kentucky law in refusing to submit the breach of contract claim to the jury and that the owner was not entitled to a directed verdict on the delay and material storage claims.
• Para-Chem S., Inc. v. M. Lowenstein Corp.
  715 F.2d 128· 4th Cir.· 1983-08-15
  The court would dismiss the appeal because the order appealed from was not a final order and the appeal was piecemeal.
• Kaus v. Bideaux
  709 F.2d 1221· 8th Cir.· 1983-06-17
  The court held that the brokers were entitled to the remaining commission despite the oral agreement, and that prejudgment interest should have been awarded because the claim was liquidated.
• City OF Jacksonville v. Young
  433 So. 2d 14· Fla. 1st DCA· 1983-06-01
  The court held that the City waived its procedural argument regarding inverse condemnation by failing to raise it before post-trial motions.
• Umic Gov't Sec., Inc. v. Pioneer Mortg. Co.
  707 F.2d 251· 6th Cir.· 1983-05-16
  The court held that UMIC's retention of funds from a prior contract did not constitute an anticipatory repudiation of subsequent, separate contracts, and thus Pioneer was not justified in refusing performance.
• In re Guardianship OF Cynthia Lee Gamble. Charlotte I. Gamble v. Wells
  436 So. 2d 173· Fla. 2d DCA· 1983-04-20
  Charlotte Gamble, as guardian of a minor, hired attorney Ted Wells under a contingent fee contract to pursue compensation for the child's injuries while in state custody. When the legislature passed a private relief act appropriating $150,000 to the child but capping attorney fee
• Wash. Metro. Area Transit Auth. v. ONE Parcel OF Land IN Montgomery Cnty.
  691 F.2d 702· 4th Cir.· 1982-10-19
  The court held that the impact of planned road extensions, even if acquired by a separate governmental entity, should be considered when calculating condemnation awards to avoid a windfall and ensure fair compensation.
• Brockl v. Langhom M. Bond
  680 F.2d 46· 7th Cir.· 1982-06-09
  The Back Pay Act does not authorize prejudgment interest on backpay awards against the Federal Government.
• Houghton v. City OF ST. Petersburg
  416 So. 2d 465· Fla. 2d DCA· 1982-03-12
  Houghton recovered $316,380 seized by the clerk during a narcotics investigation and obtained postjudgment interest. The court affirmed the award of postjudgment interest but reduced it from the trial court's amount to the statutory 8% rate, rejecting both Houghton's claim for pr
• Univ. Presbyterian Homes, Inc. v. Smith
  408 So. 2d 1039· Fla.· 1982-01-07
• THE Md. v. Sandidge
  652 F.2d 8· 8th Cir.· 1981-06-30
  The court held that the lease terms requiring the lessee to obtain insurance were not unconscionable and that the district court did not err in granting prejudgment interest.
• United States v. State TAX Comm'n OF the State OF Miss.
  645 F.2d 4· 5th Cir.· 1981-05-11
  The Tax Commission must refund the unconstitutionally collected tax, and the United States is entitled to prejudgment interest.
• Higgenbotham Realty, Inc. v. Brock
  395 So. 2d 642· Fla. 2d DCA· 1981-03-25
  The court affirmed the trial court's finding that a real estate broker was the procuring cause of a sale and entitled to a ten percent commission, but reversed and remanded to add prejudgment interest to the award.
• Drexel Bldg. v. Spadaro
  393 So. 2d 32· Fla. 4th DCA· 1981-01-14
• Memphis Sheraton Corp. v. Kirkley
  640 F.2d 14· 6th Cir.· 1981-01-13
  The court held that the sale of the note did not release the guarantors from liability on their guaranty, and that certain expenses were not recoverable under the guaranty.
• Parvin v. Davis OIL Co.
  655 F.2d 901· 9th Cir.· 1979-11-26
  The court held that the joint venture and private offering exemptions were inapplicable, requiring a permit for the securities sale, and that prejudgment interest must be awarded as a matter of law because the damages were ascertainable.
• In re F. W. Koenecke & Sons, Inc.
  605 F.2d 310· 7th Cir.· 1979-08-17
  The accounting firm is liable for breach of contract due to its agent's actions in furtherance of fraud, and a constructive trust is affirmed on the accountant's residence purchased with misappropriated funds.
• Campbell v. Sw. Cotton OIL Co.
  586 F.2d 191· 10th Cir.· 1978-11-13
  The court affirmed the trial court's determination of fair market value and denial of prejudgment interest, but reversed regarding the recovery of costs.
• The Indianapolis Union Ry. Co. v. The Baltimore & Ohio R.R. Co.
  570 F.2d 171· 7th Cir.· 1978-01-13
  The Board of Managers has the authority to alter expense and charge allocations among users by a majority vote, not requiring unanimity, to meet changing conditions.
• Aldon Indus., Inc. v. DON Myers & Assocs., Inc.
  547 F.2d 924· 5th Cir.· 1977-02-28
  The court held that the plaintiff did not abandon its claim against the individual guarantors and that the district court has the power to amend its judgment to specify a prejudgment interest start date.