FEDERATED NATIONAL INSURANCE COMPANY
v.
RONALD BOCINSKY, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF VIRGINIA MARIE BOCINSKY
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A claim for prejudgment interest under section 627.70131(5)(a), Florida Statutes, cannot be awarded when the jury verdict does not fix a definite amount of damages.
[1] Prejudgment interest under section 627.70131(5)(a), Florida Statutes, is available only when a jury verdict fixes a definite amount of damages, thereby liquidating the cl…
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Join FLexlaw to unlock all legal intelligence“A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages.”
Court citing Citizens Prop. Ins. v. Nunez, 194 So. 3d 1064, 1069 (Fla. 2d DCA 2016)
Federated National Insurance Company appealed a trial court judgment ordering it to pay prejudgment interest to its insured, Ronald Bocinsky, Jr., as …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
FEDERATED NATIONAL INSURANCE
COMPANY, Appellant,
v.
RONALD BOCINSKY, JR., AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF
VIRGINIA MARIE BOCINSKY, Appellee.
Opinion filed February 25, 2022
Appeal from the Circuit Court for Brevard County, George B. Turner, Judge.
Angela C. Flowers, Sorraya M. Solages-Jones, and Caryn L. Bellus, of Kubicki Draper, P.A., Miami, for Appellant.
Matthew G. Struble, of Struble, P.A., Ft. Lauderdale, for Appellee.
ON MOTION FOR REHEARING, CLARIFICATION, AND/OR
CERTIFICATION
Case No. 5D20-1210 LT Case No. 05-2017-CA-025961
PER CURIAM.
We deny Appellee's motion for rehearing, clarification, and/or certification, but sua sponte withdraw our opinion dated December 17, 2021, and issue the following opinion in its place:
Federated National Insurance Company (“FedNat”) timely appeals the final judgment rendered by the trial court that ordered it to pay prejudgment interest under section 627.70131(5)(a), Florida Statutes (2017), to the Appellee, its insured. FedNat raises several arguments for reversal, one of which we find to be dispositive.1 Because the verdict returned by the jury after trial did not award the insured a fixed amount of damages, the trial court erred in entering the final judgment awarding interest. See Citizens Prop. Ins. v. Nunez, 194 So. 3d 1064, 1069 (Fla. 2d DCA 2016) (“A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages.” (quoting Berloni S.p.A. v. Della Casa, LLC, 972 So. 2d 1007, 1011 (Fla. 4th DCA 2008))); 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.").
Accordingly, we reverse the final judgment ordering FedNat to pay interest and instruct the trial court to enter an amended final judgment in favor of FedNat and against the insured on the prejudgment interest claim.
REVERSED and REMANDED, with instructions.
LAMBERT, C.J., EDWARDS, J., and DUCKWORTH, B.F., Associate Judge, concur.