ROBERT S. LEVY, AS TRUSTEE OF THE ROBERT S. LEVY, P.A. PENSION PLAN AND TRUST; ROBERT S. LEVY, AS TRUSTEE OF ROBERT S. LEVY, P.A., PROFIT SHARING PLAN AND TRUST; AND SANDER M. LEVY, INDIVIDUALLY, APPELLANTS,
v.
E.F. HANSEN, JR., AND G. EILEEN HANSEN, APPELLEES
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PER CURIAM.
As to the main issues on appeal, we affirm. The remaining issue questions the trial court’s refusal to award either prejudgment or postjudgment interest. It is now well established that prejudgment interest should be awarded where a claim is liquidated. For the purpose of assessing prejudgment interest, a claim becomes liquidated and thus susceptible of prejudgment interest when a verdict has the effect of fixing damages as of a prior date. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). See also Travelers Indem. Co. v. Duffy’s Little Tavern, Inc., 541 So. 2d 689 (Fla. 5th DCA 1989). The matter of postjudgment interest is clearly controlled by section 55.03(1), Florida Statutes (1987), and also should have been awarded here.
We therefore affirm except for the failure of the trial court to award interest. Prejudgment interest at the legal rate should be awarded from March 25, 1988, and postjudgment interest should be awarded from the date of the judgment.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY, C.J., and LETTS and GLICKSTEIN, JJ„ concur.
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Phenion Dev. Grp., Inc. v. Love, 940 So. 2d 1179 (Fla. 5th DCA 2006)…Florescue & Andrews Invs., Inc., 653 So. 2d 1067, 1068 (Fla. 4th DCA 1995) (noting “pre-judgment interest does not have to be pled, and an award of pre-judgment interest is non-discretionary once the amount of loss is ascertained”); Napp v. Carman, 576 So. 2d 361, 362 (Fla. 4th DCA 1991) (noting “post-judgment interest is governed by statute and need not be pled”). Therefore, the general plea for relief contained in Appellees’ complaint was sufficient to invoke the court’s jurisdiction to enter a judgment th…
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Tillman v. Howell, 634 So. 2d 268 (Fla. 4th DCA 1994)…landmark case on this subject. Prejudgment interest is an element of damages, not a cost or a fee, and its entitlement follows any award for liquidated damages. We have discussed but have never before clearly ruled on this issue. See Napp v. Carman, 576 So. 2d 361 (Fla. 4th DCA 1991); Otis Elevator Co. v. Scott, 551 So. 2d 489 (Fla. 4th DCA 1989), disapproved on other grounds, 572 So. 2d 902 (Fla.1990). We do so now and hold that it need not be specially pled. See, e.g., Getelman v. Levey, 481 So. 2d 1236 (Fl…
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Gallo v. Dep't OF Banking & Fin., 749 So. 2d 582 (Fla. 5th DCA 2000)…amages, interest should follow as a matter of law. Florida Steel Corporation v. Adaptable Developments, Inc., 503 So. 2d 1232, 1236 (Fla.1986)(citing to Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). See also Napp v. Carman, 576 So. 2d 361 (Fla. 4th DCA 1991)). Since section 517.141 of the Florida Statutes makes no mention of superseding the common law with regard to the recovery of prejudgment interest as an element of compensatory damages, we hold that the Department’s decision to c…
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- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Zawadski v. Palm Beach Cnty. Sch. Bd., 541 So. 2d 689 (Fla. 4th DCA 1989)
- The Travelers Indem. Co. v. Duffy's Little Tavern, Inc., 541 So. 2d 689 (Fla. 5th DCA 1989)