From Casetext: Smarter Legal Research

Safeco Ins. of America v. Goldberger

District Court of Appeal of Florida, Fourth District
Mar 28, 1984
447 So. 2d 462 (Fla. Dist. Ct. App. 1984)

Summary

In Goldberger, the court concluded that the Florida Arbitration Code prohibited it from awarding interest for the time predating the arbitration award because the arbitrators expressly refused to award interest for such period.

Summary of this case from Columbia Cas. Co. v. Southern Flapjacks

Opinion

Nos. 83-1363, 83-1397.

March 28, 1984.

Consolidated appeals from Circuit Court, Palm Beach County; William C. Williams, III, Judge.

Dan B. Guernsey of Welbaum, Zook, Jones Williams, Miami, for appellant — Safeco.

Curtis G. Levine of Baskin Sears, P.A., Boca Raton, for appellee — Goldberger.


In Goldberger v. Hofco, Inc., 422 So.2d 898 (Fla. 4th DCA 1982), we in part reversed a final judgment and remanded the cause with instructions to enter an amended final judgment in accordance with our opinion.

Unfortunately, the trial judge did not completely do as we ordered and we must again reverse in part and remand for him to do so now. Our earlier opinion, referred to above, specifically directed the award of interest "after the date of the arbitration award." Notwithstanding, no such interest was awarded and we remand with directions to again amend the final judgment to provide for interest from the date of the arbitration award. See Stuart v. Hertz Corp., 381 So.2d 1161 (Fla. 4th DCA 1980).

REVERSED IN PART.

ANSTEAD, C.J., and LETTS and HERSEY, JJ., concur.


Summaries of

Safeco Ins. of America v. Goldberger

District Court of Appeal of Florida, Fourth District
Mar 28, 1984
447 So. 2d 462 (Fla. Dist. Ct. App. 1984)

In Goldberger, the court concluded that the Florida Arbitration Code prohibited it from awarding interest for the time predating the arbitration award because the arbitrators expressly refused to award interest for such period.

Summary of this case from Columbia Cas. Co. v. Southern Flapjacks
Case details for

Safeco Ins. of America v. Goldberger

Case Details

Full title:SAFECO INSURANCE OF AMERICA, APPELLANT, v. MELVIN T. GOLDBERGER, TRUSTEE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 28, 1984

Citations

447 So. 2d 462 (Fla. Dist. Ct. App. 1984)

Citing Cases

Columbia Cas. Co. v. Southern Flapjacks

The final case which Columbia cites to support its position critically differs from this dispute. See Safeco…