VACATION PRIZES, INC., APPELLANT,
v.
CITY NATIONAL BANK OF MIAMI BEACH, A NATIONAL BANKING INSTITUTION, HAROLD MCGRATH AND GEORGE WILLIS HENRY, AS CO-EXECUTORS OF THE ESTATE OF CHARLES F. HENRY, DECEASED, APPELLEES
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This case concerns whether a trial court can add interest to a jury's verdict for damages when the jury did not explicitly award it. The appellate court held that adding interest was an error, as interest on damages must be determined and assessed by the jury.
Yes, the trial court erred in adding interest to the jury's verdict. Interest on damages must be ascertained and assessed by the jury as part of their verdict.
“Although interest upon the amount found to be due by the jury, from the due date to the date of the verdict, is allowable as an element of damage, like all other elements of damage it must be ascertained by the jury and assessed in the verdict.”
Establishes the principle that interest on damages must be assessed by the jury.
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Join FLexlaw to unlock all legal intelligenceVacation Prizes, Inc. (appellant) entered into an agreement with City National Bank (appellees) to pay hotels for guest rooms if guests attended a sal…
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Appellant, defendant in the trial court, was in the business of selling vacation certificates to dealers and distributors to be used as give-away gimmicks. Pursuant to this business they entered into an agreement with the appellees and provided that appellant would pay the hotel for guests’ rooms at a set rate if the guests attended a land development sales presentation. Ap-pellees maintained that appellant breached the agreement and claim judgment and damages for the breach.
On his appeal appellant urges that the trial court erred in admitting testimony of a witness, one Stanton, to be read into the record without first requiring proof of the existence of any of the grounds contained in Rule 1.280(d) (3) RCP, 30 F.S.A.; that the trial court erred in admitting into evidence petitions or pleadings of the county court which contained self-serving statements and hearsay evidence. That it was error to refuse to direct a verdict for the defendant when the plaintiffs failed to produce sufficient evidence to support the complaint. Also, that the trial court erred in *353entering a judgment on a verdict not supported by sufficient evidence. Finally, that the trial court erred in entering a judgment awarding plaintiffs interest in addition to the amount of the jury verdict.
The record reflects that the witness Stanton was in fact not within 100 miles, the distance specified in Rule 1.280(d) (3) RCP and therefore the admission of his testimony to be read was not error. The only other point that warrants discussion is whether the trial judge erred in adding interest to the verdict awarded by the jury.
In 1926 the Florida courts refused to add interest to a verdict of damages.
“Although interest upon the amount found to be due by the jury, from the due date to the date of the verdict, is allowable as an element of damage, like all other elements of damage it must be ascertained by the jury and assessed in the verdict.” Shoup v. Waits, 1926, 91 Fla. 378, 379, 107 So. 769, 770.
Justice Buford of the Florida Supreme Court in 1933 found that as the verdict showed that “the jury did not intend to allow interest” and as “interest constituted an element of the damages recoverable” that interest could not be added to a verdict awarding damages. See State ex rel. Boulevard Mortgage Company v. Thompson, 1933, 113 Fla. 419, 151 So. 704.
Bailey v. Swartz, Fla.App.1957, 97 So.2d 310, reaffirmed the cases set forth above in saying that in a claim for damages the trial court is without authority to add interest to the verdict of a jury.
Wabash Fire and Casualty Insurance Company v. Holloway, Fla.App.1962, 139 So.2d 145, reiterates the rule in holding that interest is not properly included in a judgment where plaintiff claimed interest as an element of damages for defendant’s refusal to pay for certain completed work and the jury did not award an amount for interest.
Hartley & Parker, Inc. v. Florida Beverage Corporation (5th Cir. 1965) 348 F.2d 161, restates the Florida law, i. e., that interest is allowable from the time the debt became due and payable. There the parties stipulated the amount of the account due. Here there was no amount due which was agreed on by the parties and it was disputed that any amount was due.
The older cases dealt with interest solely on the basis of liquidated or unliquidated claims. Those cases disallowed the addition of interest to verdicts arising from un-liquidated claims as it was not ascertainable whether interest was included in the verdict or not. See Sullivan v. McMillan, 1896, 37 Fla. 134, 19 So. 340.
The trend today seems to be to distinguish between verdicts for debt and verdicts for damages, which is nothing more than a relabeling of the former distinction. English and American Ins. Co. v. Swain Groves, Inc., Fla.App.1969, 218 So.2d 453, 457, held as follows:
“The fact that there is an honest and bona fide dispute as to whether the debt is actually due has no bearing on the question [of interest]. If it is finally determined that the debt was due, the person to whom it was due is entitled not only to the payment of the principal of the debt but also to the interest at the lawful rate from the due date thereof. Parker v. Brinson Construction Company, Fla.1955, 78 So.2d 873. Whenever a verdict liquidates a claim and fixes it as of a prior date, interest should follow from that date.”
The question of interest being added to a verdict for damages seems to depend on a conclusive determination of an exact amount due and a date from which interest can be computed. Thus damages would be the equivalent of an unliquidated claim under the older cases and debt would be the equivalent of a liquidated claim.
In the instant case we find no conclusive determination that there was a certain amount due and owing at a particular time.
*354For the reasons stated above we find that it was error for the trial court to add a sum for interest to the verdict of damages and we reverse and remand for correction of the judgment.
PIERCE and MANN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (17 total)
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Peter Marich & Assocs., Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978)…at the debt was due, the person to whom it was due ís entitled not only to payment of the principal of the debt but to interest at the lawful rate from the due date thereof. (Citations omitted.) See also Vacation Prizes, Inc. v. City National Bank, 227 So. 2d 352 (Fla.2d DCA 1969). Appellees contend that appellant was not entitled to prejudgment interest because this was an equitable suit to foreclose a mechanic’s lien rather than a legal action to enforce a contract. They rely upon Edwards v. John O. Evans…
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U.S. Home Corp. v. Suncoast Utils., Inc., 454 So. 2d 601 (Fla. 2d DCA 1984)…la.1955); Sullivan v. McMillan, 37 Fla. 134, 143, 19 So. 340 (1896). Such interest is allowed from the date the debt is due. Peter Marich and Associates, Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978); Vacation Prizes, Inc. v. City National Bank, 227 So. 2d 352 (Fla. 2d DCA 1969). Here, the only dispute concerning the Oldsmar project was whether the agreement was executed as opposed to executory. The trial court’s finding that U.S. Home breached its obligation to Sun-coast on the Oldsmar project settled th…
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Bryan & Sons Corp. v. Sivert Klefstad, 265 So. 2d 382 (Fla. 4th DCA 1972)…, interest may not be added to the amount of the judgment unless there can be a conclusive determination of an exact amount due and a date from which interest can be computed. Vacation Prizes, Inc. v. City National Bank of Miami Beach, Fla.App.1969, 227 So. 2d 352. In the instant case, the record and this court’s decision on the prior appeal make it clear that the award by the trial court was in essence a judgment for unliquidated damages. The amount of the parties’ respective damages has continued to be a m…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Parker v. Brinson Constr. Co. & Fla. Indus. Comm'n, 78 So. 2d 873 (Fla. 1955)
- English & Am. Ins. Co. Ltd. v. Swain Groves, Inc., 218 So. 2d 453 (Fla. 4th DCA 1969)
- Sullivan v. McMillan, 37 Fla. 134 (Fla. 1896)
- Shoup v. Waits, 91 Fla. 378 (Fla. 1926)
- State v. Uly O. Thompson, 113 Fla. 419 (Fla. 1933)
- Carroll Bailey v. Swartz, 97 So. 2d 310 (Fla. 3d DCA 1957)
- Wabash Fire & Cas. Ins. Co. v. Holloway, 139 So. 2d 145 (Fla. 3d DCA 1962)
- Hartley & Parker, Inc. v. Fla. Bev. Corp. & Am. Distilling Co., 348 F.2d 161 (5th Cir. 1965)