Thursday, December 10, 2009

Florida Supreme Court To Determine Whether Trial Court Can Reserve Jurisdiction To Determine Prejudgment Interest

The Florida Supreme Court has accepted jurisdiction in Westgate Miami Beach, Ltd. v. Newport Operating Corp. (SC09-1881).  The order accepting jurisdiction can be found here.  The decision from the Third District under review was discussed here.  The order granting ceritification was discussed here.  The questions certified were:
WHERE THERE HAS BEEN AN AGREEMENT ON, OR NO OBJECTION TO, A RESERVATION OF JURISDICTION TO AWARD PREJUDGMENT INTEREST, SHOULD THE RESERVATION BE UPHELD IN ORDER TO PREVENT AN INJUSTICE NOTWITHSTANDING THE RULE IN MCGURN V. SCOTT, 596 So. 2d 1042 (Fla. 1992)?
WHERE A JUDGMENT CONTAINS A RESERVATION OF JURISDICTION TO AWARD PREJUDGMENT INTEREST, SHOULD THE APPEAL OF SUCH A JUDGMENT BE TREATED AS A PREMATURE APPEAL UNDER FLORIDA RULE OF APPELLATE PROCEDURE 9.100(l), OR MUST THE APPEAL BE TREATED AS ACCOMPLISHING A WAIVER OF PREJUDGMENT INTEREST PURSUANT TO MCGURN V. SCOTT, 596 So. 2d 1042 (Fla. 1992)?
WHETHER A TRIAL COURT SHOULD BE ALLOWED TO RESERVE JURISDICTION TO AWARD PREJUDGMENT INTEREST POST-APPEAL AS IT CAN WITH ATTORNEYS’ FEES AND COSTS?

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