Promed LLC v. Quintairos Prieto Wood & Boyer PA

N.D. Texas

Promed LLC v. Quintairos Prieto Wood & Boyer PA

DecidedMarch 27, 2025

Docket3:23-cv-02023

StatusUnknown

This text of Promed LLC v. Quintairos Prieto Wood & Boyer PA (Promed LLC v. Quintairos Prieto Wood & Boyer PA) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Promed LLC v. Quintairos Prieto Wood & Boyer PA, (N.D. Tex. 2025).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PROMED, LLC, § § Plaintiff, § § VS. § Civil Action No. 3:23-CV-2023-D § QUINTAIROS PRIETO WOOD § & BOYER, P.A., § § Defendant. § MEMORANDUM The court is awarding prejudgment interest in the judgment filed today based on the following authorities and reasoning. The court’s jurisdiction is based on diversity of citizenship. When a case is based on diversity jurisdiction, “‘the recovery of interest prior to the date of judgment as an element of damages is a substantive question controlled by [the] state law’ governing the claim giving rise to the damages.” Wood v. Armco, Inc., 814 F.2d 211, 213 n.2 (5th Cir. 1987) (alteration in original) (quoting Colonial Refrigerated Transp., Inc. v. Mitchell, 403 F.2d 541, 552 (5th Cir. 1968)). Because the breach of contract claim of plaintiff ProMED, LLC (“ProMED”) is governed by Alabama law, the court looks to Alabama law to determine how the award of prejudgment interest is calculated. Under Alabama law, “[w]here no written contract controls the interest rate . . . the legal rate of pre-judgment interest is six percent per annum.” Rhoden v. Miller, 495 So. 2d 54, 58 (Ala. 1986) (citations omitted). “In Alabama, prejudgment interest accrues on a breach of contract claim at a rate of 6% per annum from the date of the breach.” Galbreath v. Hale Cnty., Ala. Comm’n, 2017 WL 11444386, at *3 (S.D. Ala. Aug. 14, 2017) (citing Nationwide Mut. Ins. Co. v. Nall’s Newton Tire, 2015 WL 8207478, at *3 (S.D. Ala. Dec. 7, 2015)), aff'd, 754 Fed. Appx. 820 (11th Cir. 2018). Defendant Quintairos Prieto Wood & Boyer, P.A. breached the escrow agreement on July 31, 2020. Accordingly, the judgment entered in this case awards plaintiff ProMED prejudgment interest on the sum of $900,000 at the rate of 6% per annum beginning on July 31, 2020. March 27, 2025.

SIONES A. FITZWA oe SENIOR JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION PROMED, LLC, § § Plaintiff, § § VS. § Civil Action No. 3:23-CV-2023-D § QUINTAIROS PRIETO WOOD § & BOYER, P.A., § § Defendant. § MEMORANDUM The court is awarding prejudgment interest in the judgment filed today based on the following authorities and reasoning. The court’s jurisdiction is based on diversity of citizenship. When a case is based on diversity jurisdiction, “‘the recovery of interest prior to the date of judgment as an element of damages is a substantive question controlled by [the] state law’ governing the claim giving rise to the damages.” Wood v. Armco, Inc., 814 F.2d 211, 213 n.2 (5th Cir. 1987) (alteration in original) (quoting Colonial Refrigerated Transp., Inc. v. Mitchell, 403 F.2d 541, 552 (5th Cir. 1968)). Because the breach of contract claim of plaintiff ProMED, LLC (“ProMED”) is governed by Alabama law, the court looks to Alabama law to determine how the award of prejudgment interest is calculated. Under Alabama law, “[w]here no written contract controls the interest rate . . . the legal rate of pre-judgment interest is six percent per annum.” Rhoden v. Miller, 495 So. 2d 54, 58 (Ala. 1986) (citations omitted). “In Alabama, prejudgment interest accrues on a breach of contract claim at a rate of 6% per annum from the date of the breach.” Galbreath v. Hale Cnty., Ala. Comm’n, 2017 WL 11444386, at *3 (S.D. Ala. Aug. 14, 2017) (citing Nationwide Mut. Ins. Co. v. Nall’s Newton Tire, 2015 WL 8207478, at *3 (S.D. Ala. Dec. 7, 2015)), aff'd, 754 Fed. Appx. 820 (11th Cir. 2018). Defendant Quintairos Prieto Wood & Boyer, P.A. breached the escrow agreement on July 31, 2020. Accordingly, the judgment entered in this case awards plaintiff ProMED prejudgment interest on the sum of $900,000 at the rate of 6% per annum beginning on July 31, 2020. March 27, 2025.

SIONES A. FITZWA oe SENIOR JUDGE

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