STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, APPELLANT/CROSS APPELLEE,
v.
BROUWER'S FLOWERS, INC., APPELLEE/CROSS/APPELLANT
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The court held that pre-judgment interest on an award of attorney's fees in an eminent domain action is improper before the trial court determines the fee amount.
The Department of Transportation and Brouwer's Flowers appealed an award of attorney's fees in an eminent domain action, specifically challenging the …
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BLUE, Judge.
The Department of Transportation (DOT) and the landowner, Brouwer’s Flowers, Inc. (Brouwer’s) appeal and cross-appeal an award of attorney’s fees in this eminent domain action. We find merit only as to DOT’S contention that pre-judgment interest on the award of attorney’s fees was improper. Ernest S. Marshall (Marshall) represented Brouwer’s from April 1981 until another attorney was substituted in December 1986. On July 5,1989, DOT and Brouwer’s entered into a stipulated final judgment reserving the issue of attorney’s fees and costs. Marshall filed his motion for attorney’s fees on March 8, 1991, and hearing on this motion was set in April 1991, then continued until June at the request of Marshall.
The order setting attorney’s fees and costs awarded interest on attorney’s fees, from July 5, 1989, the date of the stipulated judgment, except for fees incurred after that date. We find no statutory authority for entitlement to interest on attorney’s fees in eminent domain cases before the trial court’s determination of the amount of attorney’s fees.
This matter is reversed and remanded to the trial court to reduce the order on attorney’s fees and costs by $6,032.95, the amount of interest awarded. In all other respects the court’s order is affirmed.
HALL, A.C.J., and THREADGILL, J., concur.
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Gus Boulis v. Fla. Dep't OF Transp., 733 So. 2d 959 (Fla. 1999)…ard appropriate prejudgment interest under the principles expressed in this opinion. It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD and PARIENTE, JJ., concur. . Notably, in State Department of Transportation v. Brouwer's Flowers, Inc., 600 So. 2d 1260 (Fla. 2d DCA 1992), the district court summarily reached a contrary conclusion as this issue applies to attorney’s fees, finding that there was no statutory authority for inter-esl on attorney’s fees in eminent domain cases before a trial court has…
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Fischbach & Moore, Inc. v. McBRO, 619 So. 2d 324 (Fla. 3d DCA 1993)…s that the trial court erred in denying post-judgment interest [*325] from June 12, 1990, the date the court awarded it attorney’s fees. We agree. The court based its amended final judgment on Department of Transportation v. Brouwer’s Flowers, Inc., 600 So. 2d 1260 (Fla. 2d DCA 1992). In that case, the second district found “no statutory authority for entitlement to interest on attorney’s fees in eminent domain cases before the trial court’s determination of the amount of attorney’s fees.” Id. at 1261. We find…
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Hartleb v. State, 711 So. 2d 228 (Fla. 4th DCA 1998)…tionment, we certify conflict. We also find no error in the trial court’s refusal to grant interest on the attorney’s fee award from the date the entitlement to fees was first determined. In Department of Transportation v. Brouwer’s Flowers, Inc., 600 So. 2d 1260 (Fla. 2d DCA 1992), the court held that there is “no statutory authority for entitlement to interest on attorney’s fees in eminent domain cases before the trial court’s determination of the amount of attorney’s fees.” Id. at 1261. Cases cited by App…
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