STATE OF FLORIDA, PETITIONER,

v.

DARRIN O'NEILL MCCLAIN, RESPONDENT

Citator

Cited By (28 total)

• Lipsig v. Zahid A. Ramlawi, 760 So. 2d 170 (Fla. 3d DCA 2000)
  …y Plumbing Co., 474 So. 2d 212, 214-15 (Fla.1985). However, it is also well settled that prejudgment interest is not available on non-economic damages, such as the damages to reputation awarded to Ramlawi on the slander counts. See Alvarado v. Rice, 614 So. 2d 498, 499 (Fla.1993) (party is entitled to prejudgment interest when it is determined that party had suffered actual, out-of-pocket loss at some date prior to the entry of the judgment). Thus, we specifically hold that Ramlawi was not entitled to prejudg…
• Lumbermens Mut. Cas. Co. v. Percefull, 653 So. 2d 389 (Fla. 1995)
  …udgment interest on an insurance contract debt because of its determination that prejudgment interest was appropriate only when a claimant had suffered out-of-pocket expenses. The district court based its holding on our decision in Alvarado v. Rice, 614 So. 2d 498 (Fla.1993). However, Alvarado was a personal injury action, not a contract claim. As we explained in Brinson, tort claims are generally excepted from the rule allowing prejudgment interest, primarily because tort damages are generally too speculativ…
• Centex-Rooney Constr. Co., Inc. v. Martin Cnty., 706 So. 2d 20 (Fla. 4th DCA 1997)
  …led that a party is entitled to prejudgment interest on its “out-of-pocket, pecuniary losses” once a verdict has liquidated the damages as of a date certain. Argonaut Ins. Co. v. May Plumbing Co., 474 So. 2d 212, 214-15 (Fla.1985); Alvarado v. Rice, 614 So. 2d 498, 499 (Fla.1993). In Pine Ridge at Haverhill Condominium Association, Inc. v. Hovnanian of Palm Beach II, Inc., 629 So. 2d 151 (Fla. 4th DCA 1993), we held that a jury verdict awarding damages for construction defects in a condominium complex had the…

Authorities Cited

• Darrin O'Neill McCLAIN v. State, 596 So. 2d 800 (Fla. 1st DCA 1992)