unliquidated claim (Florida) · Go Syfert
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unliquidated claim in Florida

15 Florida opinions name it 4 courts 1952–2002 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Palm Beach County School Bd. v. Montgomerygreen
fladistctapp · 1994 · cited in 3 Florida opinions naming this issue, 1999–2002
2 sentences

2002Id.

2000Palm Beach County School Bd. v. Montgomery, 641 So.2d 183, 184 (Fla. 4th DCA 1994).

23
Security Finance Co. v. Gentrygreen
fla · 1926 · cited in 2 Florida opinions naming this issue, 1952–1957
2 sentences

1957See Security Finance Co. v. Gentry, 91 Fla. 1015 , 109 So. 220 ." For the reasons stated above, the default and judgment should be set aside.

1957See Security Finance Co. v. Gentry, 91 Fla. 1015 , 109 So. 220 ." For the reasons stated above, the default and judgment should be set aside.

22
Bowman v. Kingsland Development, Inc.green
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 1987–1987
1 sentence

1987See Bowman v. Kingsland Development, Inc., 432 So.2d 660 (Fla. 5th DCA 1983).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Argonaut Ins. Co. v. May Plumbing Co. green
fla · 1985
2 sentences

2002Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985) (holding that an unliquidated claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages).

1994Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985), established the following principles: 1. an unliquidated claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages; 2. once a verdict has liquidated damages as of a date certain, computation of prejudgment interest is merely a ministerial mathematical computation to be performed by the court; and 3. prejudgment interest is calculated at the same rate as post-judgment interest.

21994–2002
Zorn v. Britton green
fla · 1935
2 sentences

1994In Argonaut the court observed in footnote one that it had held in Zorn v. Britton, 120 Fla. 304 , 162 So. 879 (1935), that prejudgment interest would not be recoverable for personal injuries.

1994In Argonaut the court observed in footnote one that it had held in Zorn v. Britton, 120 Fla. 304 , 162 So. 879 (1935), that prejudgment interest would not be recoverable for personal injuries.

11994–1994
Whitney-Kemmerer v. Kearns neutral
ca7 · 1925
1 sentence

1990The funds paid to the clerk in In Re Brofer Coal & Mining Co., supra, were paid pursuant to court order and were an unconditional tender admitted to be due on an unliquidated claim for damages.

11990–1990
Dechenbach v. Rima neutral
or · 1908
1 sentence

1990Such was also the case in The Rossend Castle, supra. Likewise, the tender in Dechenbach v Rima, supra, a forcible entry and detainer action, was deposited for the plaintiff at the time defendant’s answer was filed.

11990–1990
Dillenback v. The Rossend Castle green
nysd · 1887
1 sentence

1990Such was also the case in The Rossend Castle, supra. Likewise, the tender in Dechenbach v Rima, supra, a forcible entry and detainer action, was deposited for the plaintiff at the time defendant’s answer was filed.

11990–1990
Sullivan v. McMillan green
fla · 1896
1 sentence

1984Trend argues that interest is proper where the exact pecuniary loss can be ascertained by reference to market price or market value, citing Sullivan v. McMillan, 37 Fla. 134 , 19 So. 340 (1896).

11984–1984
Lyle v. Lyle green
fladistctapp · 1964
1 sentence

1982Scott v. Johnson, 386 So.2d 67 (Fla. 3rd DCA 1980); Lyle v. Lyle, 167 So.2d 256 (Fla. 2nd DCA 1964).

11982–1982
Scott v. Johnson green
fladistctapp · 1980
1 sentence

1982Scott v. Johnson, 386 So.2d 67 (Fla. 3rd DCA 1980); Lyle v. Lyle, 167 So.2d 256 (Fla. 2nd DCA 1964).

11982–1982
B/G AMUSEMENTS, INC. v. Mystery Fun House green
fladistctapp · 1980
1 sentence

1980The action of the trial court in setting aside a default judgment entered upon an unliquidated claim for damages without notice to the defaulted party, State Farm Mutual Automobile Insurance Company, is affirmed on authority of B/G Amusement, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 5th DCA 1980).

11980–1980
Vacation Prizes, Inc. v. City Nat. Bank of Miami Beach green
fladistctapp · 1969
1 sentence

1979Bank of Miami Beach, supra , this court held that it is error to add prejudgment interest to a verdict for damages; but in so holding, the court defined the word "damages" to mean an unliquidated claim.

11979–1979
Pacific Gas & Electric Co. v. Nakano green
cal · 1939
2 sentences

1976However, most of the cases which have considered this subject hold that a judgment upon an unliquidated claim cannot be garnished pending an appeal. 6 Am.Jur.2d, Attachment and Garnishment, Sec. 136; 121 A.L.R. 420 ; 85 L.Ed. 755 ; Pacific Gas & Electric Co. v. Nakano, 1939, 12 Cal.2d 711 , 87 P.2d 700 .

1976However, most of the cases which have considered this subject hold that a judgment upon an unliquidated claim cannot be garnished pending an appeal. 6 Am.Jur.2d, Attachment and Garnishment, Sec. 136; 121 A.L.R. 420 ; 85 L.Ed. 755 ; Pacific Gas & Electric Co. v. Nakano, 1939, 12 Cal.2d 711 , 87 P.2d 700 .

11976–1976
Hansen v. Covell green
cal · 1933
2 sentences

1956Hansen v. Covell, 1933, 218 Cal. 622 , 24 P.2d 772 , 89 A.L.R. 670 .

1956Hansen v. Covell, 1933, 218 Cal. 622 , 24 P.2d 772 , 89 A.L.R. 670 .

11956–1956
Delafield v. Village of Westfield neutral
nyappdiv · 1899
2 sentences

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

11956–1956
General Supply & Construction Co. v. Goelet green
ny · 1925
2 sentences

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

11956–1956
Excelsior Terra Cotta Co. v. . Harde green
ny · 1905
2 sentences

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

11956–1956
Union Sugar Co. v. Hollister Estate Co. green
cal · 1935
2 sentences

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

1956While a contrary result has been reached in a few cases (generally involving a suit by plaintiff on quantum meruit and a counterclaim by defendant arising out of the same transaction), cf. Excelsior Terra Cotta Co. v. Harde, 1905, 181 N.Y. 11 , 73 N.E. 494 ; Delafield v. Westfield, 1899, 41 App.Div. 24 , 58 N.Y.S. 277 ; General Supply & Construction Co. v. Goelet, 241 N.Y. 28 , 148 N.E. 778 ; Union Sugar Co. v. Hollister Estate Co., 3 Cal.2d 740 , 47 P.2d 273 , it is generally held that an unliquidated counterclaim, even when established, does not affect the right to interest *341 prior to jud

11956–1956
Russ v. Gilbert green
fla · 1882
1 sentence

1953Russ v. Gilbert, 19 Fla. 54 .

11953–1953

Where else courts name it

TX 105 (1886–2025) LA 53 (1920–2022) WA 45 (1916–2019) CA 32 (1923–2024) MO 31 (1897–2021) NY 31 (1860–2023) IL 29 (1909–2019) KY 23 (1896–2025) MI 23 (1912–2026) PA 20 (1892–2024) GA 20 (1853–2014) AZ 17 (1959–2025) SC 17 (1968–2025) OK 17 (1912–2023) KS 16 (1925–2017) FL 15 (1952–2002) NE 12 (1906–1991) CT 11 (1967–2000) MN 11 (1912–2014) OH 10 (1944–2022) NJ 9 (1939–1989) IA 9 (1901–1989) OR 8 (1904–2006) UT 8 (1919–2024) MS 8 (1932–2004) MA 8 (1915–2000) WY 8 (1951–2025) ID 7 (1928–2021) AL 7 (1925–2017) CO 7 (1903–1988) IN 7 (1906–2004) AR 6 (1917–2008) DC 5 (1979–2003) MD 5 (1869–2006) TN 5 (1965–2018) WV 3 (1923–1959) MT 3 (1935–2000) DE 2 (1959–1995) SD 2 (1986–2025) VA 2 (1990–1999) VT 2 (1917–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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