Sack v. Bamberg

District Court of Appeal of Florida

Sack v. Bamberg

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

District Court of Appeal of Florida·Decided March 7, 2012·No. 3D11-734·Published·Cited by 1 cases

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.

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

Pincite

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Opinion

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