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Burkhart v. Kroeger Concrete Prods

District Court of Appeal of Florida, Fourth District
May 8, 1985
468 So. 2d 469 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1839.

May 8, 1985.

Appeal from the Circuit Court, Broward County, George W. Tedder, Jr., J.

John R. Young of James and Young, West Palm Beach, for appellants.

No brief filed on behalf of appellee.


We reverse that portion of the final judgment awarding prejudgment interest in the amount of $10,579.55.

Prejudgment interest can only be added to a damage award if those damages were liquidated. Gelfand v. Mortgage Investors of Washington, 453 So.2d 897, 900 (Fla. 4th DCA 1984); Adler v. Seligman of Florida, Inc., 438 So.2d 1063, 1067 (Fla. 4th DCA 1983); Bryan Sons Corp. v. Klefstad, 265 So.2d 382, 385 (Fla. 4th DCA 1972). If damages are unliquidated, as is the case here, interest can accrue only from the time of the judgment. See Gelfand, 453 So.2d at 900.

The remainder of the final judgment is affirmed. We remand this matter for a modification of the final judgment for the deletion of the prejudgment interest awarded in accordance herewith.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

LETTS and HERSEY, JJ., concur.


Summaries of

Burkhart v. Kroeger Concrete Prods

District Court of Appeal of Florida, Fourth District
May 8, 1985
468 So. 2d 469 (Fla. Dist. Ct. App. 1985)
Case details for

Burkhart v. Kroeger Concrete Prods

Case Details

Full title:JOSEPH BURKHART AND BURKHART SERVICES, INC., APPELLANTS, v. KROEGER…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 8, 1985

Citations

468 So. 2d 469 (Fla. Dist. Ct. App. 1985)

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