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Smith v. Dunning

District Court of Appeal of Florida, First District
Apr 18, 1985
467 So. 2d 465 (Fla. Dist. Ct. App. 1985)

Summary

holding that interest cannot be allowed before entry of judgment in a tort case decided by jury

Summary of this case from Amerace Corporation v. Stallings

Opinion

No. AY-437.

April 18, 1985.

Appeal from the Circuit Court, Bay County, N. Russell Bower, J.

Clinton E. Foster and Richard D. Ogburn, Panama City, for appellant.

Joseph L. Hammons, of Hammons, Roark Whittaker, Pensacola, for appellees.


W.L. Smith appeals final judgment in favor of appellees Dunning and Calliham. Dunning and Calliham cross-appeal because the trial court denied their motion for prejudgment interest.

We find no reversible error and conclude there is substantial competent evidence to sustain the jury's general verdict of $30,500 in favor of appellees.

The complaint is in several counts. Since the verdict is a general one, we are unable to determine what portion of the damages, if any, the jury allocated to wrongful eviction which is grounded in tort. See 34 Fla.Jur.2d, Landlord and Tenant, § 165. In actions on tortious claims interest cannot be allowed before entry of judgment because the amount and measure of damages is largely discretionary with the jury, and the damages are, in consequence, unliquidated until the trial. See 32 Fla. Jur.2d, Interest and Usury, § 7.

AFFIRMED.

SMITH and WIGGINTON, JJ., concur.


Summaries of

Smith v. Dunning

District Court of Appeal of Florida, First District
Apr 18, 1985
467 So. 2d 465 (Fla. Dist. Ct. App. 1985)

holding that interest cannot be allowed before entry of judgment in a tort case decided by jury

Summary of this case from Amerace Corporation v. Stallings

holding that interest cannot be allowed before entry of judgment in a tort case decided by jury

Summary of this case from Easkold v. Rhodes
Case details for

Smith v. Dunning

Case Details

Full title:W.L. SMITH, APPELLANT, v. WENDELL E. DUNNING AND THOMAS CALLIHAM, APPELLEES

Court:District Court of Appeal of Florida, First District

Date published: Apr 18, 1985

Citations

467 So. 2d 465 (Fla. Dist. Ct. App. 1985)

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