Westgate Miami Beach, Ltd. v. Newport Operating Corp.

We reach an unfair result in this case because the decision in McGurn v. Scott, 596 So.2d 1042 (Fla.1992), requires us to do so. I entirely agree with Judge Roth-enberg’s thorough discussion and conclusion that the denial of prejudgment interest is required by McGum.

In my view, the McGum rule should be revisited.

As stated in the majority opinion, the plaintiff prevailed after a bench trial in an accounting case. The plaintiff drafted, and the trial court signed, the final judgment. The final judgment included a provision which stated, “Separate order will be entered awarding prejudgment…