Sack v. Bamberg

District Court of Appeal of Florida

Sack v. Bamberg

81 So. 3d 610, 2012 Fla. App. LEXIS 3574, 2012 WL 716066

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 2012

Docket3D11-734

StatusPublished

Cited by1 cases

This text of 81 So. 3d 610 (Sack v. Bamberg) 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.

Bluebook

Sack v. Bamberg, 81 So. 3d 610, 2012 Fla. App. LEXIS 3574, 2012 WL 716066 (Fla. Ct. App. 2012).

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Opinion

CORTINAS, J.

We affirm the trial court’s denial of prejudgment interest in this case as no damages were awarded in Plaintiffs favor. See Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985). While an action in contract or tort may give rise to an award of damages and a concomitant prejudgment interest award, a suit for declaratory relief may award only rights, for which no prejudgment interest is available.

Affirmed.

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CORTINAS, J.

We affirm the trial court’s denial of prejudgment interest in this case as no damages were awarded in Plaintiffs favor. See Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985). While an action in contract or tort may give rise to an award of damages and a concomitant prejudgment interest award, a suit for declaratory relief may award only rights, for which no prejudgment interest is available.

Affirmed.

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Bluebook (online)

81 So. 3d 610, 2012 Fla. App. LEXIS 3574, 2012 WL 716066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sack-v-bamberg-fladistctapp-2012.

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