RUTH N. SACK, APPELLANT,
v.
ANDREA BAMBERG, TRUSTEE OF THE CYRIL M. SACK IRREVOCABLE TRUST DATED MAY 22, 2006 ANDREA BAMBERG, INDIVIDUALLY, LOUIS BAMBERG, INDIVIDUALLY, AP-PELLEES
RUTH N. SACK, APPELLANT,
ANDREA BAMBERG, TRUSTEE OF THE CYRIL M. SACK IRREVOCABLE TRUST DATED MAY 22, 2006 ANDREA BAMBERG, INDIVIDUALLY, LOUIS BAMBERG, INDIVIDUALLY, AP-PELLEES
81 So. 3d 610
Florida District Court of Appeal, Third District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
We affirm the trial court’s denial of prejudgment interest in this case as no damages were awarded in Plaintiffs favor. See Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985). While an action in contract or tort may give rise to an award of damages and a concomitant prejudgment interest award, a suit for declaratory relief may award only rights, for which no prejudgment interest is available.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Federated Nat'l Ins. Co. v. Bocinsky (Fla. 5th DCA 2021)…Nat had already paid prior to trial. Therefore, because the insured did not obtain a verdict fixing an amount of damages that she is entitled to recover from FedNat, the verdict could not bear prejudgment interest. See id.; see also Sack v. Bamberg, 81 So. 3d 610, 611 (Fla. 3d DCA 2012) ("We affirm the trial court’s denial of prejudgment interest in this case as no damages were awarded in Plaintiff’s favor."). Thus, it was error for the trial court to award interest under this statute. For this reason, we r…
Authorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)