LAUDERDALE MARINE CENTER, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLANT,
v.
MYD MARINE DISTRIBUTORS, INC., A FLORIDA CORPORATION, APPELLEE
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The court held that prejudgment interest cannot be awarded on anticipated future profits that cannot be fixed to a certain date, and that it lacked jurisdiction to review arguments regarding the attorneys' fee hearing because it occurred after the notice of appeal.
The trial court awarded the appellee prejudgment interest on damages, including anticipated business profits, from a specific date. The appellant appe…
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This appeal presents several issues involving breach of a commercial lease. We write to address appellee’s award of prejudgment interest and the attorneys’ fees hearing. As to all other issues, we affirm.
Prejudgment interest may be awarded where the plaintiff suffers an out-*257of-pocket pecuniary loss and establishes a fixed date of the loss. Glover Distrib. Co. v. F.T.D.K., Inc., 816 So.2d 1207, 1213 (Fla. 5th DCA 2002). Damages are liquidated “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, 214 (Fla.1985) (citation omitted). Future damages, such as “anticipated business profits,” are not vested property rights and cannot be liquidated as of a past date certain. Bosem v. Musa Holdings, Inc., 8 So.3d 1185, 1187 (Fla. 4th DCA 2009).
The trial court awarded appellee prejudgment interest of $111,786.79 from December 31, 2003, to the date of the judgment. We cannot determine how the trial court calculated this amount. The trial court’s findings of fact appear to liquidate all damages as of June 30, 2008. Prejudgment interest cannot be awarded on any “anticipated” profits after June 30, 2008, because those losses cannot be fixed with certainty to a particular date.
Accordingly, we reverse the trial court’s award of prejudgment interest to appellee and remand for recalculation consistent with this opinion. We also note that we may not consider appellant’s arguments regarding the attorneys’ fee hearing. This court may review only proceedings occurring prior to the date of appellant’s notice of appeal. Fla. RApp. P. 9.110(h). As the notice of appeal was filed months prior to the hearing on attorneys’ fees, we lack jurisdiction to consider the issue.
Affimed in part; reversed in part; remanded.
TAYLOR, GERBER and LEVINE, JJ„ concur.
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Pakonis v. Clark, 183 So. 3d 386 (Fla. 3d DCA 2014)…y’s failure to acknowledge the full force and effect of this order and afford it its due deprives Lee and Prejean-Graves of the comfort of finality to which litigants are lawfully entitled. Lauderdale Marine Ctr., Ltd. v. MYD Marine Distribs., Inc., 31 So. 3d 256, 257 (Fla. 4th DCA 2010) (“[An appellate court] may review only proceedings occurring prior to the date of appellant’s notice of appeal.”); Velickovich v. Ricci, 391 So. 2d 258, 260 (Fla. 4th DCA 1980) (“[A District Court of Appeal] cannot review ju…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
- Glover Distrib. Co., Inc. v. F.T.D.K., Inc., 816 So. 2d 1207 (Fla. 5th DCA 2002)
- Marc E. Bosem, M.D. v. Musa Holdings, Inc., 8 So. 3d 1185 (Fla. 4th DCA 2009)