SCHICKEDANZ BROS.-RIVIERA LTD., A FLORIDA LIMITED PARTNERSHIP, SCHICKEDANZ BROS.-PALM BEACH, LTD., A FLORIDA LIMITED PARTNERSHIP, SCHICKEDANZ ENTERPRISES, INC., THE CORPORATE GENERAL PARTNER OF SCHICKEDANZ BROS.-RIVIERA LTD., AND SCHICKEDANZ BROS.-PALM BEACH, LTD., APPELLANTS,
v.
ROBERT HARRIS AND REAL ESTATE MARKETING AND CONSULTING, INC., A FLORIDA CORPORATION, APPELLEES
SCHICKEDANZ BROS.-RIVIERA LTD., A FLORIDA LIMITED PARTNERSHIP, SCHICKEDANZ BROS.-PALM BEACH, LTD., A FLORIDA LIMITED PARTNERSHIP, SCHICKEDANZ ENTERPRISES, INC., THE CORPORATE GENERAL PARTNER OF SCHICKEDANZ BROS.-RIVIERA LTD., AND SCHICKEDANZ BROS.-PALM BEACH, LTD., APPELLANTS,
ROBERT HARRIS AND REAL ESTATE MARKETING AND CONSULTING, INC., A FLORIDA CORPORATION, APPELLEES
82 So. 3d 928
Florida District Court of Appeal, Fourth District (2011)
Positive Treatment
Cited by 5 cases
Opinion of the Court
We affirm, in part, the second amended final judgment post mandate on rehearing. We reverse that portion of the final judgment failing to award appellant prejudgment interest. We remand to the circuit court to enter an award of prejudgment interest from the date that appellant filed its counterclaim. See Ganot Corp. v. J.M.G. Constr. Corp., 560 So.2d 804, 804-05 (Fla. 4th DCA 1990). The trial court did not err in awarding prejudgment interest to appellee. See Westgate Miami Beach, Ltd. v. Newport Operating Corp., 55 So.3d 567, 575 (Fla.2010).
STEVENSON, GROSS and TAYLOR, JJ., concur.
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Smart v. State, 179 So. 3d 477 (Fla. 4th DCA 2015)…motion for discharge, which claimed a violation of the speedy trial rule. “A writ of prohibition is an appropriate remedy ‘where an accused has been denied his right to a speedy trial and his motion for discharge has been denied.’” Dempsey v. State, 82 So. 3d 928, 929 (Fla. 4th DCA 2011) (quoting Sherrod v. Franza, 427 So. 2d 161, 163 (Fla.1983)). We-deny the petition on the merits and write to clarify when a trial commences within the meaning of Florida Rule of Criminal Procedure 3.191(c). Petitioner is ch…
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Reid v. State, 114 So. 3d 277 (Fla. 4th DCA 2013)…ution, to enforce Rule 3.191 upon re-prosecution. Prohibition is the appropriate remedy when a criminal defendant has been denied his right to a speedy trial due to wrongful denial of a motion for discharge filed under Rule 3.191, Dempsey v. State, 82 So. 3d 928, 929 (Fla. 4th DCA 2011). The standard of review here is de novo as to the trial court’s denial of discharge, but deferential as to factual findings of that court which are supported by competent, substantial evidence, State v. Nelson, 26 So. 3d 570…
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Hawkins v. State, 264 So. 3d 1003 (Fla. 4th DCA 2019)
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- Westgate Miami Beach, Ltd. v. Newport Operating Corp., 55 So. 3d 567 (Fla. 2010)
- Ganot Corp. v. J.M.G. Constr. Corp., 560 So. 2d 804 (Fla. 4th DCA 1990)