Legal Opinion

Napp v. Carman

District Court of Appeal of Florida

Decided March 6, 1991No. 90-0972PublishedCited by 4 opinions

1Per curiam

We affirm the issues raised on the main appeal. The cross appeal concerns the issue of prejudgment interest. There can be no dispute that the claim pursued in the action below was liquidated as it dealt with ownership of two bank accounts. The pleadings contain a prayer for interest, which can only refer to prejudgment interest, as the matter of postjudgment interest is governed by statute and need not be pled. It is not material that appellees failed to raise this issue by a motion post judgment. To the extent the final judgment failed to award prejudgment interest, it was erroneous and…

2Cases cited2 opinions

  1. Argonaut Ins. Co. v. May Plumbing Co.Supreme Court of Florida · 1985
  2. Miller v. ReinhartDistrict Court of Appeal of Florida · 1989

3Cited by4 opinions

  1. Phenion Development Group, Inc. v. LoveDistrict Court of Appeal of Florida · 2006
  2. Tillman v. HowellDistrict Court of Appeal of Florida · 1994
  3. Gallo v. Department of Banking & FinanceDistrict Court of Appeal of Florida · 2000
  4. The Leila Corporation of St. Pete v. OssiDistrict Court of Appeal of Florida · 2017

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