EXXON CORPORATION, CROSS APPELLANT,
v.
GORDON WARD, CROSS APPELLEE
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The court held that the plaintiff was entitled to prejudgment interest on the conversion claim, as damages for conversion include the fair market value of the property plus legal interest to the date of judgment.
Exxon Corporation sued Gordon Ward for breach of contract and conversion. The trial court granted summary judgment for Exxon on the contract counts an…
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DOWNEY, Judge.
Appellant, Exxon Corporation, sued appellee, Gordon Ward, in a three count complaint, Counts I and II for breach of contract and Count III for conversion. The trial court granted a summary judgment for Exxon on each count including prejudgment intérest on Counts I and II, but denied such interest on Count III. Ward appealed from the judgment and Exxon cross appealed the denial of interest on Count III. Ward’s appeal was dismissed for failure to file an appellant’s brief.
We reverse the denial of prejudgment interest on Count III because Exxon was entitled to recover the reasonable value of the property converted, together with interest to the date of judgment. As the court said in Gillette v. Stapleton, 336 So. 2d 1226 (Fla. 2d DCA 1976):
It is well settled in Florida and other jurisdictions that the measure of damages in an action for conversion is the fair market value of the property at the time of the conversion plus legal interest to the date of the verdict. — 336 So. 2d at 1227.
See also: Page v. Matthews, 386 So. 2d 815 (Fla. 5th DCA 1980); 12 Fla.Jur.2d, Conversion and Replevin, § 20.
The cause is remanded with directions to enter judgment for Exxon for prejudgment interest on Count III from July 1, 1979, at 6% per annum, which amounts to $1641.41. In all other respects the judgment appealed from is affirmed.
ANSTEAD, C.J., and HERSEY, J., concur.
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Talbot v. Rosenbaum, 142 So. 3d 965 (Fla. 4th DCA 2014)…n of Talbot. As the prevailing party in a conversion action, Rosenbaum is entitled to a damage award amounting to the market value of the subject property on the date of the conversion plus interest accruing from that date. See Exxon Corp. v. Ward, 438 So. 2d 1059, 1060 (Fla. 4th DCA 1983) (citing Gillette v. Stapleton, 336 So. 2d 1226, 1227 (Fla. 2d DCA 1976)). Because evidence must be presented to establish the value of the property on the date of conversion, the damages alleged by Rosen-baum in her complai…
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Ebaugh v. State, 623 So. 2d 844 (Fla. 5th DCA 1993)…n turn, resulted in a loss of interest on the money. Interest is an element of the damages which flow directly from a conversion of a person’s money or property. See Page v. Matthews, 386 So. 2d 815 (Fla. 5th DCA 1980). See also Exxon Corp. v. Ward, 438 So. 2d 1059 (Fla. 4th DCA 1983); Gillette v. Stapleton, 336 So. 2d 1226 (Fla. 2d DCA 1976). Thus, Ebaugh’s crimes of grand theft indirectly, if not directly, caused the victims’ loss of interest. Ebaugh also argues that, by failing to set forth the specific te…
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Pain Care First OF Orlando, LLC v. Edwards, 84 So. 3d 351 (Fla. 5th DCA 2012)…money damages in an amount equal to the fair market value of the property at the time of its conversion. Foresight Enters., Inc. v. Leisure Time Props., Inc., 466 So. 2d 283, 288 (Fla. 5th DCA 1985) (Cowart, J., dissenting); see Exxon Corp. v. Ward, 438 So. 2d 1059, 1060 (Fla. 4th DCA 1983) (“It is well settled in Florida and other jurisdictions that the measure of damages in an action for con [*355] version is the fair market value of the property at the time of the conversion plus legal interest to the date…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Boyce Gillette v. Stapleton, 336 So. 2d 1226 (Fla. 2d DCA 1976)
- Rosella Futch Mopsick v. Futch, 386 So. 2d 815 (Fla. 2d DCA 1980)