Sunday, March 28, 2010

Prejudgment Interest Not Available On Anticipated Lost Profits & Actions In Trial Court After Notice of Appeal

In Lauderdale Marine Center, LTD. v. MYD Marine Distributors, Inc. (4D08-3638 & 4D09-446), the Fourth District addressed two issues.  First, the court addressed prejudgment interest.  The court stated:
Prejudgment interest may be awarded where the plaintiff suffers an out-of-pocket pecuniary loss and establishes a fixed date of the loss...Damages are liquidated 'when a verdict has the effect of fixing damages as of a prior date.'...Future damages, such as “anticipated business profits,” are not vested property rights and cannot be liquidated as of a past date certain.
The second issue addressed was issues that happen in the trial court after the filing of a notice of appeal and the court stated:
We also note that we may not consider appellant’s arguments regarding the attorneys’ fee hearing. This court may review only proceedings occurring prior to the date of appellant’s notice of appeal. Fla. R. App. P. 9.110(h). As the notice of appeal was filed months prior to the hearing on attorneys’ fees, we lack jurisdiction to consider the issue.


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