disputed contractual claim (Florida) · Go Syfert
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disputed contractual claim in Florida

6 Florida opinions name it 1 courts 1985–2024 1 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 (8)

CaseFollowedCited
Celotex Corp. v. Buildex, Inc.green
fladistctapp · 1985 · cited in 4 Florida opinions naming this issue, 1998–2024
2 sentences

2024See Celotex Corp. v. Buildex, Inc., 476 So. 2d 294, 295 (Fla. 3d DCA 1985) (“[W]here a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.”); Charles Buzbee & Sons, Inc. v. Falkner, 585 So. 2d 1190, 1191 (Fla. 2d DCA 1991) (finding error when the trial court awarded prejudgment interest from the date of the verdict rather than July 30, 1987, as the record reflected the plaintiff’s damages became liquated at said date).

2016“A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages.” Berloni S.p.A. v. Della Casa, LLC, 972 So.2d 1007, 1011 (Fla. 4th DCA 2008). “[Wjhere a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.” Id. (alternation in original) (emphasis added) (quoting Celotex Corp. v. Buildex, Inc., 476 So.2d 294, 295 (Fla. 3d DCA 1985)).

44
Berloni SpA v. Della Casa, LLCgreen
fladistctapp · 2008 · cited in 2 Florida opinions naming this issue, 2009–2016
2 sentences

2016“A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages.” Berloni S.p.A. v. Della Casa, LLC, 972 So.2d 1007, 1011 (Fla. 4th DCA 2008). “[Wjhere a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.” Id. (alternation in original) (emphasis added) (quoting Celotex Corp. v. Buildex, Inc., 476 So.2d 294, 295 (Fla. 3d DCA 1985)).

2016“A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages.” Berloni S.p.A. v. Della Casa, LLC, 972 So.2d 1007, 1011 (Fla. 4th DCA 2008). “[Wjhere a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.” Id. (alternation in original) (emphasis added) (quoting Celotex Corp. v. Buildex, Inc., 476 So.2d 294, 295 (Fla. 3d DCA 1985)).

12
Capitol Environmental Services, Inc. v. Earth Tech, Inc.green
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024In other words, “[a] party . . . is entitled to prejudgment interest from the date of the loss when a claim becomes liquidated by a judgment fixing damages.” Millard v. Brannan, 553 So. 2d 1248, 1250 (Fla. 2d DCA 1989); Capitol Env’t Servs., Inc. v. Earth Tech, Inc., 25 So. 3d 593, 597 (Fla. 1st DCA 2009) (“Once the jury sets the amount of damages to be awarded, the damages are retroactively considered liquidated damages, and the plaintiff is entitled to prejudgment interest back to the date that the damages were due.”).

11
Millard v. Brannangreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024In other words, “[a] party . . . is entitled to prejudgment interest from the date of the loss when a claim becomes liquidated by a judgment fixing damages.” Millard v. Brannan, 553 So. 2d 1248, 1250 (Fla. 2d DCA 1989); Capitol Env’t Servs., Inc. v. Earth Tech, Inc., 25 So. 3d 593, 597 (Fla. 1st DCA 2009) (“Once the jury sets the amount of damages to be awarded, the damages are retroactively considered liquidated damages, and the plaintiff is entitled to prejudgment interest back to the date that the damages were due.”).

11
Charles Buzbee & Sons, Inc. v. Falknergreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Celotex Corp. v. Buildex, Inc., 476 So. 2d 294, 295 (Fla. 3d DCA 1985) (“[W]here a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due.”); Charles Buzbee & Sons, Inc. v. Falkner, 585 So. 2d 1190, 1191 (Fla. 2d DCA 1991) (finding error when the trial court awarded prejudgment interest from the date of the verdict rather than July 30, 1987, as the record reflected the plaintiff’s damages became liquated at said date).

11
Palm Beach County School Bd. v. Montgomerygreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008Bd. v. Montgomery, 641 So.2d 183, 184 (Fla. 4th DCA 1994). "[W]here a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date the payment was due." Celotex Corp. v. Buildex, Inc., 476 So.2d 294, 295 (Fla. 3d DCA 1985).

11
Aetna Insurance Co. v. Settembrinogreen
fladistctapp · 1978 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008The trial court relied on Aetna Insurance Co. v. Settembrino, 369 So.2d 954, 955 (Fla. 3d DCA 1978),"to conclude that it had no authority to assess interest because the verdict failed to allow or indicate the desire to award interest.

11
Parker v. Brinson Construction Companygreen
fla · 1955 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Co., 78 So.2d 873, 874 (Fla.1955) (holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract); Celotex Corp. v. Buildex, Inc., 476 So.2d 294, 295 (Fla. 3d DCA 1985) (“The settled law is that where a disputed contractual claim becomes liquidated by jury verdict as to the amounts recoverable, interest should be awarded from the date payment was due.”).

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 (2)

CaseCitedYears
Tower Hill Select Insurance Company v. McKee green
fladistctapp · 2014
1 sentence

2016In McKee , we held that the policy requirement of a sinkhole repair contract before payment was due did not preclude McKee from filing suit. 151 So.3d at 4 .

12016–2016
Jockey Club, Inc. v. BLEEMER, LEVINE & ASSOC. green
fladistctapp · 1982
1 sentence

1985Jockey Club, Inc. v. Bleemer, Levine & Associates, 413 So.2d 433 (Fla. 3d DCA 1982) and cases collected therein.

11985–1985

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