Burkhart v. Kroeger Concrete Products, Inc.

District Court of Appeal of Florida

Burkhart v. Kroeger Concrete Products, Inc.

468 So. 2d 469, 10 Fla. L. Weekly 1154, 1985 Fla. App. LEXIS 13866

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1985

DocketNo. 84-1839

StatusPublished

Cited by2 cases

This text of 468 So. 2d 469 (Burkhart v. Kroeger Concrete Products, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burkhart v. Kroeger Concrete Products, Inc., 468 So. 2d 469, 10 Fla. L. Weekly 1154, 1985 Fla. App. LEXIS 13866 (Fla. Ct. App. 1985).

Pincite

Opinion

BARKETT, Judge.

We reverse that portion of the final judgment awarding prejudgment interest in the amount of $10,579.55.

Prejudgment interest can only be added to a damage award if those damages were liquidated. Gelfand v. Mortgage Investors of Washington, 453 So.2d 897, 900 (Fla. 4th DCA 1984); Adler v. Seligman of Florida, Inc., 438 So.2d 1063, 1067 (Fla. 4th DCA 1983); Bryan & Sons Corp. v. Klefstad, [470]*470265 So.2d 382, 385 (Fla. 4th DCA 1972). If damages are unliquidated, as is the case here, interest can accrue only from the time of the judgment. See Gelfand, 453 So.2d at 900.

The remainder of the final judgment is affirmed. We remand this matter for a modification of the final judgment for the deletion of the prejudgment interest awarded in accordance herewith.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

LETTS and HERSEY, JJ., concur.

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