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

This case is before the Court for review of the decision of the Third District Court of Appeal in Westgate Miami Beach, Ltd. v. Newport Operating Corp., 16 So.3d 855 (Fla. 3d DCA 2009), regarding an issue of prejudgment interest. In its decision, the district court expressed concern about the current state of the law and certified to this Court three questions of great public importance. 1 We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

The certified questions essentially ask whether this Court should recede from its precedent in order to avoid the inadvertent waiver of prejudgment…