JUAN VICENTE PEREZ SANDOVAL, ET AL., APPELLANTS,
v.
BANCO DE COMMERCIO, S.A., C.A., ET AL., APPELLEES
JUAN VICENTE PEREZ SANDOVAL, ET AL., APPELLANTS,
BANCO DE COMMERCIO, S.A., C.A., ET AL., APPELLEES
582 So. 2d 179
Florida District Court of Appeal, Third District (1991)
Negative Treatment
Cited by 13 cases
Opinion of the Court
SCHWARTZ, Chief Judge.
As a matter of logic, and therefore of law, it is irrefutable that an award of prejudgment interest cannot itself bear interest. LaFaye v. Presser, 554 So. 2d 610 (Fla. 1st DCA 1989); West v. Sunbelt Enters., 530 So. 2d 433 (Fla. 1st DCA 1988); United Servs. Auto. Ass’n v. Smith, 527 So. 2d 281 (Fla. 1st DCA 1988); Coggan v. Coggan, 183 So. 2d 839 (Fla. 2nd DCA 1966), cert. denied, 188 So. 2d 820 (Fla.1966). Accordingly, that portion of the order under review which makes such an allowance is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Quality Engineered Installation, Inc. v. Higley S., Inc., 670 So. 2d 929 (Fla. 1996)…ony Club, Inc. v. Schopke Construction & Engineering, Inc., 619 So. 2d 6 (Fla. 5th DCA 1993), and the decisions of the other district courts in LaFaye v. Presser, 554 So. 2d 610 (Fla. 1st DCA 1989), Perez Sandoval v. Banco de Commer-cio, S.A., C.A., 582 So. 2d 179 (Fla. 3d DCA 1991), and Central Constructors, Inc. v. Spectrum Contracting Co., 621 So. 2d 526 (Fla. 4th DCA 1993), because the Second District in this case indicated that it was correct not to award interest upon interest. We read this to be an ind…
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Peavy v. Dyer, 605 So. 2d 1330 (Fla. 5th DCA 1992)…the award of post-judgment interest on the entire amount would impermissibly constitute an award of “interest on interest.” Appellant relied upon LaFaye v. Presser, 554 So. 2d 610 (Fla. 1st DCA1989), Perez Sandoval v. Banco De Commercio, S.A., C.A., 582 So. 2d 179 (Fla. 3d DCA1991) and Coggan v. Coggan, 183 So. 2d 839 (Fla. 2d DCA), cert. denied, 188 So. 2d 820 (Fla.1966). Appellee has conceded this award of post-judgment interest on the prejudgment interest component of the judgment was error. We are unwilli…
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Cent. Constructors, Inc. v. The Spectrum Contracting Co., 621 So. 2d 526 (Fla. 4th DCA 1993)…gment because it amounts to an invalid award of compound interest). See also Higley South, Inc. v. Quality Eng’rd Installation, 18 Fla. L. Weekly D354, 356, 1993 WL 10837 (Fla. 2d DCA Jan. 22, 1993); Perez Sandoval v. Banco de Commercio, S.A., C.A., 582 So. 2d 179 (Fla. 3d DCA 1991). In adopting this rule we necessarily certify conflict with the Fifth District which has held to the contrary. See Peavey v. Dyer, 605 So. 2d 1330 (Fla. 5th DCA 1992); see also Indian River Colony Club, Inc. v. Schopke Constr. & E…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United Servs. Auto. Ass'n v. Guy E. Smith and his wife, 527 So. 2d 281 (Fla. 1st DCA 1988)
- Anderson v. Garber, 188 So. 2d 820 (Fla. 1966)
- LaFAYE v. Presser, 554 So. 2d 610 (Fla. 1st DCA 1989)
- Gatto v. Baron Props., Inc., 183 So. 2d 839 (Fla. 4th DCA 1966)
- Coggan v. Coggan, 183 So. 2d 839 (Fla. 2d DCA 1966)
- A.L. West v. Sunbelt Enters., 530 So. 2d 433 (Fla. 1st DCA 1988)