Summary
noting "pre-judgment interest does not have to be pled, and an award of pre-judgment interest is non-discretionary once the amount of loss is ascertained"
Summary of this case from Phenion Development Group, Inc. v. LoveOpinion
Nos. 94-0658, 94-0659.
April 12, 1995. Reconsideration Denied May 22, 1995.
Appeal from the Circuit Court, Palm Beach County, Lucy Brown, J.
Michael D. Brown of Michael D. Brown, P.A., West Palm Beach, for appellant/appellee.
Nathan E. Nason and Michael C. Todd of Nason, Gildan, Yeager, Gerson White, P.A., West Palm Beach, for appellee/appellant-Florescue Andrews Investments, Inc.
We find no error in any of the issues raised by Appellant, Mercedes-Benz of North America, Inc. ("Mercedes"). We agree, however, with Florescue Andrews' contention on cross-appeal that it is entitled to recover prejudgment interest from the date the debt was liquidated by the lower court's judgment.
Although unstated in the court's order, the parties appear to agree that the lower court concluded Florescue Andrews waived its prejudgment interest claim. We believe that the circumstances presented in the record below do not amount to a waiver. Florescue Andrews withdrew the claim in an amendment to its complaint filed pursuant to a lower court order that granted Mercedes' motion to strike. Additionally, prejudgment interest does not have to be pled, and an award of prejudgment interest is non-discretionary once the amount of loss is ascertained. Accordingly, we remand to the lower court with instructions to fix and award the amount of prejudgment interest to which Florescue Andrews is entitled.
Tillman v. Howell, 634 So.2d 268, 270 (Fla. 4th DCA 1994); Getelman v. Levey, 481 So.2d 1236, 1240-41 (Fla. 3d DCA 1985), rev. denied, 494 So.2d 1150 (Fla. 1986).
Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212, 215 (Fla. 1985).
Affirmed in part; reversed in part and remanded.
GLICKSTEIN and SHAHOOD, JJ., concur.