W.L. SMITH, APPELLANT,
v.
WENDELL E. DUNNING AND THOMAS CALLIHAM, APPELLEES

Fla. 1st DCA | 1985-04-18
No. AY-437
SMITH and WIGGINTON, JJ., concur.
467 So. 2d 465 Florida District Court of Appeal, First District (1985) Negative Treatment
Cited by 35 cases


Opinion of the Court
SHIVERS, Judge.

SHIVERS, Judge.

W.L. Smith appeals final judgment in favor of appellees Dunning and Calliham. Dunning and Calliham cross-appeal because the trial court denied their motion for prejudgment interest.

We find no reversible error and conclude there is substantial competent evidence to sustain the jury’s general verdict of $30,-500 in favor of appellees.

The complaint is in several counts. Since the verdict is a general one, we are unable to determine what portion of the damages, if any, the jury allocated to wrongful eviction which is grounded in tort. See 34 Fla.Jur.2d, Landlord and Tenant, § 165. In actions on tortious claims interest cannot be allowed before entry of judgment because the amount and measure of damages is largely discretionary with the jury, and the damages are, in consequence, un-liquidated until the trial. See 32 Fla. Jur.2d, Interest and Usury, § 7.

AFFIRMED.

SMITH and WIGGINTON, JJ., concur.


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  • Kennedy v. Kennedy, 622 So. 2d 1033 (Fla. 5th DCA 1993)
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  • DePOORTER v. Win Edward DePOORTER, 509 So. 2d 1141 (Fla. 1st DCA 1987)
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  • Amerace Corp. v. Stallings, 823 So. 2d 110 (Fla. 2002)
    …See, e.g., Allstate Ins. Co. v. Powell, 513 So. 2d 802 (Fla. 4th DCA 1987), review denied mem., 520 So. 2d 585 (Fla.1988). Appellant’s argument that this rule does not pertain in cases decided by jury is not persuasive. See, e.g., Smith v. Dunning, 467 So. 2d 465 (Fla. 1st DCA 1985) (holding that interest cannot be allowed before entry of judgment in a tort case decided by jury). 632 So. 2d at 147. In Rockman, the First District reaffirmed its holding in Easkold. See 672 So. 2d at 891. ANALYSIS The issue…

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