BIRD LAKES DEVELOPMENT CORP., APPELLANT,

v.

HOMERO MERUELO, AND GESYL DEVELOPERS CORP., APPELLEES

Citator

Cited By

• Sciandra v. First Union Nat'l Bank of Fla., 638 So. 2d 1009 (Fla. 2d DCA 1994)
  …1330 (Fla. 5th DCA 1992). I agree with the result and most of the reasoning in Peavy. Unfortunately, the Second District has expressly conflicted with Peavy, so this panel is ■ not free to follow that decision. City of Tampa v. Janke Constr., Inc., 626 So. 2d 239 (Fla. 2d DCA 1993). This small issue concerns me because the majority rule seems to overlook the longstanding doctrine of merger. A cause of action and the damages recoverable on it merge into any judgment entered on that cause of action. See Manle…

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• Alvarez, Armas & Borron, P.A. v. Heitman, 770 So. 2d 208 (Fla. 3d DCA 2000)
  …r trial court proceedings, but also attorney’s fees for work done on her behalf on appeal. Mr. Velez argues, and we agree, that entitlement to appellate attorney’s fees must be determined by the appellate court. See Bird Lakes Dev. Corp. v. Meruelo, 626 So. 2d 239 (Fla. 3d DCA 1993); LeGrand v. Dean, 598 So. 2d 218, 219 (Fla. 5th DCA 1992).1 The only appellate attorney’s fees this court has, awarded in connection with this probate litigation was for the work necessary by Ms. Heitman to respond to the motion…
• Miller Cooper v. Gibson Grp., Ltd., 640 So. 2d 156 (Fla. 2d DCA 1994)
  …ng the appellee postjudgment statutory interest on the prejudgment interest award. The appellee concedes to error on that issue and we also agree. The award of prejudgment interest cannot itself bear interest. City of Tampa v. Janke Constr., Inc., 626 So. 2d 239 (Fla. 2d DCA 1993); see also S & E Contractors, Inc. v. City of Tampa, 629 So. 2d 883 (Fla. 2d DCA 1993). We, accordingly, reverse that portion of the final judgment which awards post-judgment interest on the amount found due as prejudgment interest…

Authorities Cited

• Ethlyn Rita Garcia v. Garcia, 570 So. 2d 357 (Fla. 3d DCA 1990)