Cogenic Energy Systems, Inc. v. Ring Power Corp.

District Court of Appeal of Florida

Cogenic Energy Systems, Inc. v. Ring Power Corp.

465 So. 2d 631, 10 Fla. L. Weekly 753, 1985 Fla. App. LEXIS 13193

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1985

DocketNo. AW-487

StatusPublished

This text of 465 So. 2d 631 (Cogenic Energy Systems, Inc. v. Ring Power Corp.) 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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Cogenic Energy Systems, Inc. v. Ring Power Corp., 465 So. 2d 631, 10 Fla. L. Weekly 753, 1985 Fla. App. LEXIS 13193 (Fla. Ct. App. 1985).

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Opinion

WENTWORTH, Judge.

Appellant seeks review of an order by which it was determined that appellant breached a contract with appellee. We find that appellant has presented no point of reversible error. However, appellee has cross-appealed and we find that the court erred by declining to include prejudgment interest in the award of appellee’s damages. The parties’ contractual relationship was terminated by formal notice prior to the commencement of the proceeding below, and the verdict had the effect of fixing damages as of a prior date; in these circumstances prejudgment interest should have been awarded. See Bergen Brunswig Corp. v. State Department of Health & Rehabilitative Services, 415 So.2d 765 (Fla. 1st DCA 1982), petition for review denied, 426 So.2d 25 (Fla.1983).

The order appealed is reversed insofar as it declines to award prejudgment interest. The order is otherwise affirmed, and the cause is remanded.

THOMPSON and WIGGINTON, JJ., concur.

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WENTWORTH, Judge.

Appellant seeks review of an order by which it was determined that appellant breached a contract with appellee. We find that appellant has presented no point of reversible error. However, appellee has cross-appealed and we find that the court erred by declining to include prejudgment interest in the award of appellee’s damages. The parties’ contractual relationship was terminated by formal notice prior to the commencement of the proceeding below, and the verdict had the effect of fixing damages as of a prior date; in these circumstances prejudgment interest should have been awarded. See Bergen Brunswig Corp. v. State Department of Health & Rehabilitative Services, 415 So.2d 765 (Fla. 1st DCA 1982), petition for review denied, 426 So.2d 25 (Fla.1983).

The order appealed is reversed insofar as it declines to award prejudgment interest. The order is otherwise affirmed, and the cause is remanded.

THOMPSON and WIGGINTON, JJ., concur.

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465 So. 2d 631, 10 Fla. L. Weekly 753, 1985 Fla. App. LEXIS 13193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cogenic-energy-systems-inc-v-ring-power-corp-fladistctapp-1985.

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