DAVID GORMAN, TRUSTEE IN BANKRUPTCY FOR INTERNATIONAL GLASS AND MANUFACTURING CO., INC., APPELLANT,
v.
LARGO HOSPITAL OWNERS, LTD., A FLORIDA LIMITED PARTNERSHIP, AND CHANEN CONSTRUCTION COMPANY, AN ARIZONA CORPORATION, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trustee in bankruptcy for International Glass appealed two orders on remand from a prior appeal. The court affirmed the award of attorney fees to Chanen Construction but reversed the denial of prejudgment interest on a modified money judgment, holding that interest on a modified judgment runs from the date of the original judgment.
The court affirmed the award of attorney fees to Chanen Construction because that entitlement became the law of the case in the prior appeal. The court reversed the denial of interest, holding that where a money judgment is modified on appeal, interest on the modified judgment runs from the date of the original judgment.
[1] A prior appellate holding becomes the law of the case, precluding relitigation of the same issue on remand.
[2] An award of attorney fees will not be disturbed on appeal absent an abuse of discretion by the trial court.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[W]here a money judgment has been modified on appeal and the only action necessary in the trial court is compliance with the mandate of the appellate court, interest on the judgment as modified runs from the date of the original judgment.”
Establishes the controlling legal principle that modified judgments bear interest from the original judgment date, not from the date of modification.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceInternational Glass and Manufacturing Co. obtained a money judgment against Largo Hospital Owners, Ltd. On appeal, the original judgment was vacated a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Set Off cases and more on FLexlaw
HOBSON, Acting Chief Judge.
David Gorman, trustee in bankruptcy for International Glass and Manufacturing Co., Inc., appeals two orders rendered by the trial court upon remand from an earlier appeal, Largo Hospital Owners, Ltd. v. International Glass & Manufacturing Co., 410 So. 2d 518 (Fla. 2d DCA 1982). The orders 1) awarded Chanen Construction Company attorney fees against International Glass and 2) denied International Glass interest from the date of an earlier money judgment against Largo Hospital Owners, Ltd., as modified by us in the prior appeal. We affirm the first order and reverse the second.
With respect to the first order, we held in the earlier appeal that Chanen Construction was entitled under a contract with International Glass to recover attorney fees for services rendered by Chanen Construction’s attorneys in defending against a cause of action brought by International Glass. Since that holding became the law of the case, the trustee is precluded from arguing again on this appeal that Chanen Construction is not entitled to such fees. See Airvac, Inc. v. Ranger Insurance Co., 330 So. 2d 467 (Fla.1976); Department of Transportation v. Florida East Coast Railway, 275 So. 2d 289 (Fla. 3d DCA 1973). As for the amount of attorney fees awarded Chanen Construction upon remand, $37,500, we find upon an examination of the record that the trial court did not abuse its discretion in granting such a sum. Robertson v. Robertson, 106 So. 2d 590 (Fla. 2d DCA 1958); In re Estate of Griffis, 399 So. 2d 1048 (Fla. 4th DCA 1981).
Regarding the second order, we vacated in the prior appeal the original money judgment entered in International Glass’ favor against Largo Hospital Owners and remanded in order that the trial court could file an amended judgment which omitted prejudgment interest and reduced the principal by the amount of a previously agreed upon set-off. We agree with the trustee’s contention that the court erred upon remand in not granting International Glass interest on the modified judgment from the date that the original judgment was rendered. As held by our sister court in Gilmore v. Morrison, 341 So. 2d 779, 780 (Fla. 4th DCA 1977):
[Wjhere a money judgment has been modified on appeal and the only action necessary in the trial court is compliance with the mandate of the appellate court, interest on the judgment as modified runs from the date of the original judgment.
See also Atlantic Coast Line Railroad v. Watkins, 99 Fla. 395, 126 So. 489 (1930); Novack v. Novack, 210 So. 2d 215 (Fla.1968). See generally 32 Fla.Jur.2d Interest and Usury § 9 (1981).
Accordingly, we affirm the order awarding Chanen Construction attorney fees, reverse the order denying interest to International Glass on the modified judgment from the date of the original judgment, and remand with directions that the trial court award interest from the date of the original judgment as allowed by section 55.03, Florida Statutes (1979).
AFFIRMED in PART, REVERSED in PART, and REMANDED.
BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zacco Contractors, Inc. v. Irving Tr. Co., 488 So. 2d 616 (Fla. 3d DCA 1986)…sideration of wrongful acts of the custodian of the fund employed in Largo Hospital Owners, Ltd. v. International Glass & Manufacturing Co., 410 So. 2d 518 (Fla. 2d DCA 1981), modified on other grounds sub nom. Gorman v. Largo Hospital Owners, Ltd., 435 So. 2d 872 (Fla. 2d DCA 1983), review denied, 446 So. 2d 99 (Fla.1984). By eliminating the merit of the defense as a basis for entitlement to prejudgment interest, Argonaut negates the "liti-gable” requirement of Gerber Groves, Inc. v. Belle Glade Agricultural…
-
Denis Rety v. Green, 595 So. 2d 1036 (Fla. 3d DCA 1992)…and affirmed as of the date of its original rendition....” Id. The court held that the judgment would bear interest from the date of its original rendition, rather than the date of the remittitur. Id.; see also Gorman v. Largo Hospital Owners, Ltd., 435 So. 2d 872 (Fla. 2d DCA 1983), review denied, 446 So. 2d 99 (Fla. 1984). See generally Guy v. Eight, 431 So. 2d 653, 656 (Fla. 5th DCA), review denied, 440 So. 2d 352 (Fla.1983). We conclude that we should follow, by analogy, Atlantic Coast Line Railroad Co.…1 / 2
Authorities Cited
- Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla. 1976)
- Atl. Coast Line R.R. Co. v. Watkins, 99 Fla. 395 (Fla. 1930)
- Robertson v. Robertson, 106 So. 2d 590 (Fla. 2d DCA 1958)
- Novack v. Novack, 210 So. 2d 215 (Fla. 1968)
- Gilmore v. Morrison, 341 So. 2d 779 (Fla. 4th DCA 1976)
- Largo Hosp. Owners, Ltd. v. Int'l Glass & Mfg. Co., Inc., 410 So. 2d 518 (Fla. 2d DCA 1981)
- In re Est. OF Stanton Griffis, 399 So. 2d 1048 (Fla. 4th DCA 1981)
- State of Fla. Dep't OF Transp. v. Fla. E. Coast Ry. Co., 275 So. 2d 289 (Fla. 3d DCA 1973)