Whitehurst v. Camp

699 So. 2d 679, 1997 WL 539403
CourtSupreme Court of Florida
DecidedSeptember 4, 1997
Docket88949
StatusPublished
Cited by16 cases

This text of 699 So. 2d 679 (Whitehurst v. Camp) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitehurst v. Camp, 699 So. 2d 679, 1997 WL 539403 (Fla. 1997).

Opinion

699 So.2d 679 (1997)

Aubrey D. WHITEHURST, Jr., et ux., Petitioners,
v.
Charles E. CAMP, et ux., Respondents.

No. 88949.

Supreme Court of Florida.

September 4, 1997.

Bill A. Corbin, Blountstown, for Petitioners.

No appearance, for Respondents.

*680 Barry Kalmanson, P.A., Maitland, for Roger's Cushions, Inc., Amicus Curiae.

PER CURIAM.

We have for review Whitehurst v. Camp, 677 So.2d 1361 (Fla. 1st DCA 1996), which certified conflict with the opinion in Gevertz v. Gevertz, 608 So.2d 129 (Fla. 3d DCA 1992). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed below, we approve Whitehurst, disapprove Gevertz, and hold that unless a contract's terms explicitly provide for a specific interest rate to apply to a judgment entered on the debt, the contractual interest rate terminates at judgment and the postjudgment interest rate will be determined by statute.

FACTS

Respondents Charles and Glenda Camp (the Camps) purchased certain real and personal property from petitioners Aubrey and Mary Whitehurst (the Whitehursts). Whitehurst, 677 So.2d at 1362. The purchases were the subject of an agreement for deed between the parties. The agreement provided that the Camps would pay the Whitehursts "Four Hundred Fifty Thousand and no/100 Dollars ($450,000.00) ... with interest at the rate of 10 per centum (10%) per annum payable on the whole sum remaining from time to time unpaid." Id. This agreement contained no provision expressly governing the rate of interest on any judgment entered pursuant to it. Id.

After the Whitehursts initiated foreclosure proceedings against the Camps, a final summary judgment was entered in their favor. Despite prevailing in the trial court, the Whitehursts appealed the judgment to the First District. They argued that the trial court erred in not using the so-called "fast track" procedure for foreclosures; in using the statutory postjudgment interest rate of 8% rather than the 10% interest rate established in the agreement for deed; and in assessing less than the full amount of attorney's fees and costs. Id.

The First District affirmed the trial court's rulings on the "fast track" foreclosure procedure and the attorney's fees and costs issues without discussion. Id. The district court also affirmed on the postjudgment interest rate issue after finding it merited "further discussion." Id. While noting that parties may, under section 55.03(1), Florida Statutes (1995), contractually set the rate of postjudgment interest, the court observed that "a contractual provision, as here, which sets only the rate of interest for the debt does not also govern the rate of postjudgment interest." Id. The district court then recognized that the general rule that a debt, after a final decree, bears interest at the statutory rate set for judgments and decrees "results from the application of the doctrine of merger by which the cause of action on the debt and damages recoverable on it merge into any judgment entered on the cause of action." Id.

Reasoning that the underlying cause of action and attendant recoverable damages have been transformed into a separate obligation, a judgment, the First District concluded that in order "to contractually set the rate of post-judgment interest the parties must expressly provide that the agreed interest rate also applies to any judgment or decree entered on the underlying debt." Id. at 1363. Since the parties' agreement only set the rate of interest for the underlying contractual debt, and not for any judgment resulting from a dispute thereof, the First District held that the 8% statutory rate applied to the postjudgment interest, as opposed to the 10% contractual rate. Id. However, in a footnote, the district court certified conflict with the Third District's decision in Gevertz, stating that "[t]o the extent that Gevertz ... holds that the contract rate of interest is applicable to both prejudgment and post-judgment interest rates, with respect, we believe that Gevertz is wrongly decided." Id. at 1363 n. 2.

LAW AND ANALYSIS

The issue presented requires application of the common law doctrine of merger and interpretation of section 55.03(1), Florida Statutes (1995). First, we begin our inquiry with a review of the conflict case.

In Gevertz, at issue was the following provision in a demand promissory note, which *681 was explicitly incorporated into Leonard and Sandra Gevertz's mortgage: "We promise to pay to the order of Morris and Anna Gevertz, his wife, Twenty Thousand and 00/100 Dollars... with interest thereon at the rate of 5½ per cent, per annum until fully paid." 608 So.2d at 130. The mortgage itself provided for a 10% interest rate for delinquent property taxes and unpaid insurance "until paid." Id. Leonard and Sandra divorced several years later with Sandra gaining sole title to the marital home.

Three years after the divorce, Anna, Sandra's former mother-in-law, filed a foreclosure action against Sandra. The trial court accepted Sandra's argument that the $20,000 was a gift and voided the mortgage and note. Id. On appeal, that ruling was reversed and the case was remanded for entry of a foreclosure judgment and determination of, among other issues, the applicable prejudgment and postjudgment interest rates on the loan. Id. After determining that the 10% interest rate provided for in the mortgage for delinquent taxes, etc., was intended as a general default interest rate, the trial court fixed both the prejudgment and postjudgment interest rates at 10% per annum.

On appeal, the Third District reasoned as follows to support its finding that the trial court erred in applying a 10% prejudgment and postjudgment interest rate on the remaining mortgage debt:

The note, which expressly incorporates the mortgage, is unambiguous as to the applicable prejudgment and postjudgment interest rates on the unpaid mortgage debt. The note and mortgage clearly provides that interest accrues "at the rate of 5½ per cent, per annum from date until fully paid." (emphasis supplied). See Annotation, Rate of Interest After Maturity on Contracts Fixing Rate "Until Payment", 6 A.L.R. 1196, 1197 (1920) ("the holding of the reported case (Agency of Canadian Can[Car] and Foundry Corp. v. American Can Co., [258 F. 363 (2d Cir. 1919)]) that `if the parties agree upon the rate of interest until the money is paid, or until the date of payment, that agreement is controlling and fixes the measure of damages upon default,' is supported by the great majority of the cases in the United States in which this question has arisen."); see also, 47 C.J.S. Interest & Usury § 40(a) (1982). Therefore, since there was no ambiguity as to the applicable prejudgment and postjudgment interest rates, the trial court's application of any interest rate other than 5 and one half percent (5½) constitutes a rewriting of that provision. The trial erred in rewriting an unambiguous provision.

Gevertz, 608 So.2d at 131 (emphasis added). Accordingly, the Third District reversed the trial court's ruling on that and other issues and remanded the case once more.

In contrast, the First District in Whitehurst analyzed the issue of the appropriate postjudgment interest rate as follows:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

6200 NE 2nd Avenue, LLC
S.D. Florida, 2022
Bensoussan v. Banon5
252 So. 3d 298 (District Court of Appeal of Florida, 2018)
Aluia v. Dyck-O'Neal, Inc.
205 So. 3d 768 (District Court of Appeal of Florida, 2016)
Centennial Bank v. Nabavi (In re Nabavi)
514 B.R. 895 (M.D. Florida, 2014)
Cobb v. Durando
111 So. 3d 277 (District Court of Appeal of Florida, 2013)
JPMorgan Chase Bank, N.A. v. Hernandez
99 So. 3d 508 (District Court of Appeal of Florida, 2011)
NACK HOLDINGS, LLC v. Kalb
13 So. 3d 92 (District Court of Appeal of Florida, 2009)
North Star Capital Acquisitions, LLC v. Krig
611 F. Supp. 2d 1324 (M.D. Florida, 2009)
FLORIDA INS. GUAR. ASS'N, INC. v. Soto
979 So. 2d 964 (District Court of Appeal of Florida, 2008)
Phenion Development Group, Inc. v. Love
940 So. 2d 1179 (District Court of Appeal of Florida, 2006)
Minnwest Bank Central v. Flagship Properties LLC
689 N.W.2d 295 (Court of Appeals of Minnesota, 2004)
Braswell v. Braswell
881 So. 2d 1193 (District Court of Appeal of Florida, 2004)
Engle Homes, Inc. v. Jones
870 So. 2d 908 (District Court of Appeal of Florida, 2004)
PDGS, Ltd. v. Motwani
729 So. 2d 399 (District Court of Appeal of Florida, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
699 So. 2d 679, 1997 WL 539403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehurst-v-camp-fla-1997.