CopyCited 90 times | Published | Court of Appeals for the Eleventh Circuit | 18 Fed. R. Serv. 100, 1985 U.S. App. LEXIS 29569
...3 POST JUDGMENT INTEREST RATE The second issue raised by Brod’s cross-appeal is its assertion of error that in this diversity suit the district court, in awarding post-judgment interest, applied the federal interest statute, 28 U.S.C. Section 1961 (1982) rather than the Florida interest statute, Section 55.03, Fla.Stat....
CopyCited 74 times | Published | Supreme Court of Florida
...675,
148 So. 192. In this State interest is not allowed in actions for personal injuries. Farrelly v. Heuacker,
118 Fla. 340,
159 So. 24. In such actions interest accumulates only from the date of the judgment and then by virtue of the applicable statute, Section
55.03, F.S....
CopyCited 43 times | Published | Supreme Court of Florida | 1996 WL 136913
...We agree with the Fifth District in Peavy that prejudgment interest becomes part of a single total sum adjudged to be due and owing. The amount awarded for prejudgment interest, like all other components of the "judgment," automatically bears interest as provided by section 55.03, Florida Statutes (1993)....
CopyCited 28 times | Published | Florida 4th District Court of Appeal | 1999 WL 17921
...4th DCA 1985); Warner,
692 So.2d at 270; Nelson-Higdon v. Higdon,
680 So.2d 524, 524 (Fla. 1st DCA 1996); Applegate v. Applegate,
566 So.2d 865, 866 (Fla. 1st DCA 1990). The husband concedes that the wife is entitled to post-judgment interest after entry of the final judgment. See §
55.03(1), Fla....
CopyCited 26 times | Published | Supreme Court of Florida | 2001 WL 1380001
...(1997) (explaining that "[a]ll overdue payments shall bear simple interest at the rate of 10 percent per year"). This ten percent interest rate has been in force since the Law was enacted in 1971. See §
627.736(4)(c), Fla. Stat. (1971). In contrast, the statutory interest rate on judgments in 1971 was six percent. See §
55.03, Fla....
CopyCited 24 times | Published | Supreme Court of Florida | 1982 Fla. LEXIS 2606
...ate. The availability of interest is further indicated by the next immediately following language in the statute: "but liability shall not include punitive damages or interest for the period prior to judgment." §
768.28(5), Fla. Stat. (1979). See §§
55.03(1),
57.041, Fla....
...(1979): (1) The party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs. (2) Costs may be collected by execution on the judgment or order assessing costs. [2] § 55.03(1), Fla....
CopyCited 23 times | Published | Supreme Court of Florida
...contract for defined purposes and we think the contract in question within the rule announced in Treadway v. Terrell,
117 Fla. 838,
158 So. 512, 513, on authority of which cross appellee is entitled to interest on his judgment." (p. 298) Fla. Stat. §
55.03, F.S.A., provides that all judgments and decrees shall bear interest at the rate of six per cent....
CopyCited 22 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 104767, 2016 WL 4131283
...erest should be allowed as a matter of right, whether the loss is liquidated or unliquidated ....” Bosem,
46 So.3d at 46 . “In the absence of a special contract for the rate, the applicable rate of interest is generally stated in Florida Statute Section
55.03.” IberiaBank v....
...Offices Togolais Des Phosphates v. Mulberry Phospates, Inc.,
62 F.Supp.2d 1816 , 1328 (M.D.Fla.1999). Hence, on TracFone’s state law claims, it seeks and is entitled to prejudgment interest at the statutory interest rate of 4.75%. See Fla. Stat. §
55.03 ....
CopyCited 20 times | Published | Florida 3rd District Court of Appeal | 1981 Fla. App. LEXIS 18979
...to pay both the costs required to secure that judgment as mandated in all actions at law by Section
57.041, Florida Statutes (1979), see, Kendall East Estates, Inc. v. Banks,
386 So.2d 1245, 1247 (Fla. 3d DCA 1980), and interest on that amount under Section
55.03, Florida Statutes (1979), which likewise has general application....
CopyCited 20 times | Published | Supreme Court of Florida
...Section 627.0127, F.S.A., which authorizes attorneys' fees where insureds are successful in maintaining suits on certain types of insurance policies, interest on the judgment for such fees would accrue from time of entry of the judgment during the period of an unsuccessful appeal. Since F.S. Section 55.03, F.S.A., provides that all judgments and decrees bear interest at the rate of six per cent a year, except when they are rendered on contracts which provide for interest at a lesser rate, there seems little justification for making a spe...
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2049978
...As such, the 15% interest rate the parties agreed to applied only during the five-month cure period. After this period expired and Mrs. Braswell obtained her money judgment, that judgment accrued interest at the statutory rate for that period of time. See § 55.03, Fla....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 558
...Giordano is entitled to recover attorney's fees for the enforcement action she was forced to file after FIGA denied payment of the covered claim. Similarly, she can get lawful interest on the final judgment itself from the date of entry, pursuant to section 55.03, Florida Statutes (1981)....
CopyCited 16 times | Published | Supreme Court of Florida | 2002 WL 1290910
...verdict. Thus, we find that, consistent with this Court's precedent, the trial court properly denied the plaintiffs' request for interest between the verdict date and the final judgment date. Our holding is further bolstered by the plain language of section 55.03, Florida Statutes (Supp.1998), [5] which specifically provides that interest does not accrue until the date of the judgment, not verdict....
...process can last several months or even years," majority op. at 113, the purpose served by the rule applies equally where there has been a delay in the entry of a judgment on a verdict as a result of postjudgment motions. The majority also relies on section 55.03, Florida Statutes (Supp.1998), to support its holding that interest does not accrue until the date that the trial court enters the judgment. However, section 55.03 does not control the resolution of this issue....
...remain as now fixed, or may be hereafter fixed by law. Ch. 1562, § 1, Laws of Fla. (1866). Thus, the focus of the statute was on the amount of interest charged, and not on when interest begins to accrue. The Legislature has made several changes to section 55.03 throughout the years, and in 1979, it added section 2 as follows: (2) Any process, writ, judgment or decree, which is directed to the sheriffs of the state to be dealt with as execution, shall bear, on the face of the writ, judgment or...
...sheriff whether the legal rate of interest was being assessed or whether a lesser contract rate applied." Keanie v. Goldy,
698 So.2d 1264, 1266 (Fla. 5th DCA 1997). There is nothing in this statute or the history of the amendments that suggests that section
55.03 is aimed at limiting the right to recover prejudgment interest....
...Moreover, section
687.01, Florida Statutes (1998), establishes the statutory rate for all other interest awarded, including prejudgment interest, to be the same rule as for postjudgment interest. [10] Thus, allowing an award of postverdict prejudgment interest is not inconsistent with section
55.03....
...[4] Florida Rule of Appellate Procedure 9.340(c) states: If a judgment of reversal is entered which requires the entry of a money judgment on a verdict, the mandate shall be deemed to require such money judgment to be entered as of the date of the verdict. [5] Section 55.03 provides in its entirety: (1) On December 1 of each year beginning December 1, 1994, the Comptroller of the State of Florida shall set the rate of interest that shall be payable on judgments or decrees for the year beginning January 1 b...
...writ, judgment, or decree which is directed to the sheriffs of the state to be dealt with as execution shall bear, on the face of the process, writ, judgment, or decree, the rate of interest which it shall accrue from date of judgment until payment. §
55.03(2), Fla. Stat. (1981). [10] Section
687.01 provides: "In all cases where interest shall accrue without a special contract for the rate thereof, the rate is the rate provided for in s.
55.03."
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...Defendant has appealed this claiming error by the chancellor in entering the order. In ordering that interest was to run with the decree awarding attorneys' fees, the chancellor was merely giving effect to what had already been done by operation of law. Section 55.03, Fla.Stats., F.S.A., provides that, "All judgments (and decrees) shall bear interest at the rate of six per cent per annum * * *." Since the chancellor had already entered a decree awarding attorneys' fees, it automatically carried interest at six per cent per annum and his subsequent order to that effect was mere surplusage. In its present form the order appealed from appears to be a judgment for a sum certain which would itself bear interest under Sec. 55.03, Fla....
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit | 36 Media L. Rep. (BNA) 1097, 2007 U.S. App. LEXIS 29533, 2007 WL 4461505
...NJC regarding the inadequacy of ready assets for a lump sum payment, its limited
borrowing ability (which was necessarily based on its current EBITDA rather than
the normalized margin), and its need instead to make installment payments in order
arguments regarding Fla. Stat. 55.03 and 28 U.S.C....
CopyCited 13 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 62, 2016 Fla. LEXIS 394, 2016 WL 743258
...The trial court denied the post-trial motions and entered a final'judgment, which included the following language: 1. That the Plaintiff, . ADRIAN FRIDMAN, recovers from Defendant, SAFECO INSURANCE^ "COMPANY OF ILLINOIS, the sum of $50,000.00, that shall bear interest, pursuant ■ to Florida Statute- § 55.03 for which let execution issue, notwithstanding the excess jury verdict rendered in this matter....
CopyCited 13 times | Published | Supreme Court of Florida | 1956 Fla. LEXIS 3684
...We hold that the Circuit Judge ruled correctly. The appellant contends that the Florida Livestock Board as an agency of the state is not liable for interest in the absence of a specific statute or a lawfully binding contract providing for interest. The appellee contends that Section 55.03, Florida Statutes, F.S.A., which authorizes six per cent interest on judgments, applies to all judgments and makes no exception in favor of the state....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2000 WL 678808
...the judgment entered in Case 319. We again disagree. Over the course of Acadia's litigation to recover its loss on its loan to TIGI, the law controlling the rate of postjudgment interest changed. When the Case 319 final judgment was entered in 1992, section 55.03, Florida Statutes (1991), provided in relevant part: 55.03 Judgments; rate of interest, generally. (1) A judgment or decree entered on or after October 1, 1981, shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation providing for interest at a lesser rate, in which case the judgment or decree bears interest at the rate specified in such written contract or obligation. Section 55.03 was amended in 1994 to provide for a fluctuating interest rate for all judgments entered after January 1, 1995. See Ch. 94-239, § 8, at 1790, Laws of Fla. This section currently provides: 55.03 Judgments; rate of interest, generally. (1) On December 1 of each year beginning December 1, 1994, the Comptroller of the State of Florida shall set the rate of interest that shall be payable on judgments or decrees for the year beginning Jan...
...ent entered in Case 319 and therefore the 12% statutory interest rate in effect in 1992 should have been applied, citing Beverly EnterprisesFlorida, Inc. v. Spilman,
689 So.2d 1230, 1231 (Fla. 5th DCA 1997). Spilman held that the 1994 amendment to section
55.03 does not affect the legal rate of interest accruing on a final judgment entered before the effective date of the amendment....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...appellant interfered with any ongoing business relationship. The punitive damages were awarded on the basis of the tortious conduct and are therefore reversed. Appellant challenges the 12 percent post-judgment interest rate imposed. Florida Statutes section 55.03(1) (1993) provides that judgments entered after October 1, 1981 shall bear interest at the rate of 12 percent per year....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1989 WL 63415
...Elliott,
478 So.2d 509 (Fla. 4th DCA 1985); Ramsey v. Ramsey,
431 So.2d 258 (Fla. 2d DCA 1983); Henderson v. Henderson,
226 So.2d 699 (Fla. 4th DCA 1969). Fourth, we find error in the trial court's failure to award interest at the legal rate provided in section
55.03, Florida Statutes (1985), on pension money awarded to the wife but not transferred to her....
CopyCited 11 times | Published | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 5689
...Clearly, the Debtor's interest in this parcel of property alone is sufficient to satisfy the requirements of § 506(b). Therefore, to the extent that the claim has previously been determined to be secured, interest shall be allowed on the secured portion of the claim. Pursuant to § 55.03 F.S....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 81 U.C.C. Rep. Serv. 2d (West) 89, 2013 Fla. App. LEXIS 11234, 2013 WL 3724587
...he date of the judgment. Id. (“[T]he loss itself is a wrongful deprivation by the defendant of the plaintiffs property.”). Under Florida law, the rate of both prejudgment and postjudgment interest is set by statute. §
687.01, Fla. Stat. (1994); §
55.03, Fla. Stat. (2003). Section
687.01 refers to section
55.03, Florida Statutes (2003), for the rate to be used for prejudgment interest where no contractual interest rate applies. The governing ver *258 sion of section
55.03 provides that Florida’s Chief Financial Officer shall set the interest rate on January 1 of each year and that “[t]he interest rate established at the time a judgment is obtained shall remain the same until the judgment is paid.” §
55.03(1), (3), Fla....
...The same should apply to prejudgment interest. Once the rate is obtained based on the date of loss, it should remain the same. See Genser v. Reef Condo. Ass’n,
100 So.3d 760, 762-63 (Fla. 4th DCA 2012) (applying a fixed rate to prejudgment interest calculations under section
55.03, Florida Statutes (2003))....
CopyCited 11 times | Published | Supreme Court of Florida
...In a strong dissenting opinion, it was said that § 193.51(1) was not applicable to taxes that became delinquent only because the validity of the tax assessment was being litigated by the taxpayer and that the amount finally determined to be due should bear interest at the rate "fixed and prescribed by Section 55.03, Fla. Stat., F.S.A., to wit: 6% per year." Section 55.03 provides for an award of 6 percent interest on a judgment or decree, but it would not appear to support an award of interest on a tax judgment as of the date of the tax delinquency....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1989 WL 153650
...om July 31, 1986, and would reverse that ruling. NOTES [1] Although appellee is not entitled to prejudgment interest after November 23, 1987, when the judgment was awarded to him, he may claim postjudgment interest allowable on judgments pursuant to Section 55.03, Florida Statutes (1985)....
CopyCited 10 times | Published | Supreme Court of Florida | 1997 WL 539403
...The First District affirmed the trial court's rulings on the "fast track" foreclosure procedure and the attorney's fees and costs issues without discussion. Id. The district court also affirmed on the postjudgment interest rate issue after finding it merited "further discussion." Id. While noting that parties may, under section 55.03(1), Florida Statutes (1995), contractually set the rate of postjudgment interest, the court observed that "a contractual provision, as here, which sets only the rate of interest for the debt does not also govern the rate of postjudgment interest." Id....
...holds that the contract rate of interest is applicable to both prejudgment and post-judgment interest rates, with respect, we believe that Gevertz is wrongly decided." Id. at 1363 n. 2. LAW AND ANALYSIS The issue presented requires application of the common law doctrine of merger and interpretation of section 55.03(1), Florida Statutes (1995)....
...Accordingly, the Third District reversed the trial court's ruling on that and other issues and remanded the case once more. In contrast, the First District in Whitehurst analyzed the issue of the appropriate postjudgment interest rate as follows: Although section 55.03(1) allows the parties to contractually set the rate of post-judgment interest, a contractual provision, as here, which sets only the rate of interest for the debt does not also govern the rate of post-judgment interest....
...Post-judgment interest did not exist at common law and is solely a matter of legislative creation. See, e.g., Kaiser Aluminum & Chem. Corp. v. Bonjorno,
494 U.S. 827, 840,
110 S.Ct. 1570, 1578,
108 L.Ed.2d 842 (1990)("At common law, judgments do not bear interest; interest rests solely upon statutory provisions."). Under section
55.03(1), Florida Statutes (1995), as of January 1st of each year, the comptroller of the State of Florida sets the rate of interest payable on judgments and decrees. Subsection
55.03(1) further provides that "[n]othing contained herein shall affect a rate of interest established by written contract or obligation." The agreement for deed in the instant case provides that the Camps would pay the Whitehursts "Four Hundred Fifty Thousand and no/100 Dollars ($450,000.00)......
...As a result, on entry of the judgment the lender can no longer charge the contractual interest, but is entitled only to statutory interest. Sciandra v. First Union National Bank of Florida,
638 So.2d 1009, 1010 (Fla. 2d DCA 1994)(Altenbernd, J., concurring). Although subsection
55.03(1) authorizes the parties to establish the post-judgment interest rate by contract, significantly the statute does not provide that the applicable contract interest rate also governs the post-judgment rate for judgments based on the contract. [n.1] 1. Compare, for example, the last sentence of subsection
55.03(1), Florida Statutes (1995), with subsection 15-1-4(1) of the Utah Code ("Any judgment rendered on a lawful contract shall conform to the contract and shall bear the interest agreed upon by the parties....")....
...rges or extinguishes agreements in underlying contract but finding merger doctrine inapplicable since contract expressly provided that seller's warranties "shall survive closing"). STATUTORY INTERPRETATION Finally, the Whitehursts contend that since section 55.03 unambiguously provides that "[n]othing contained herein shall affect a rate of interest established by written contract or obligation," and their contractual rate of 10% per annum was similarly unambiguous, both the trial court and the...
...ual rate to apply postjudgment. Amicus curiae Roger's Cushions, Inc., similarly argues that since the Camps "expressly agreed to pay `interest... on the whole sum remaining from time to time unpaid ...,' the First District's strained construction of section 55.03 essentially rewrote the parties' contract to relieve the debtors of their contractual obligation to pay an agreed rate of interest on the unpaid balance as a result of their own defaults." We find no merit in these arguments. Section 55.03, Florida Statutes (1995), addresses judgments and the applicable rates of interest....
...eir contract or provided that the postjudgment rate would be the same as the contract rate. However, neither the Whitehursts nor the amicus acknowledge that the Whitehursts' "unambiguous" contract indisputably did not contain such a provision. Since section 55.03 concerns judgment interest rates solely, and the parties' agreement only set a contract interest rate, the First District correctly gave the statute its plain and obvious meaning and, consequently, rejected the Whitehursts' argument tha...
...erged total, with postjudgment interest then accruing on the merged total," we concluded that "prejudgment interest becomes part of a single total sum ... [and] like all other components of the `judgment,' automatically bears interest as provided by section 55.03, Florida Statutes (1993)." Id....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1992 WL 281867
...The court also disapproved the portion of the 1989 amendment that awarded interest on the interest accruing after November 1987. The court explained that the correct approach would be to award post-judgment interest at the contractual rate pursuant to section 55.03, Florida Statutes, after November 23, 1987, the date of the final judgment originally appealed....
...rt of a single total sum adjudged to be due and owing. See Phillips v. Parrish,
585 So.2d 1038 (Fla. 1st DCA 1991). The amount awarded for prejudgment interest, like all other components of the "judgment", automatically bears interest as provided by section
55.03, Florida Statutes....
...ney's fees with costs in the sum of $ ____ making a total of $ ____, that shall bear interest at the rate of ____% a year for which let execution issue. ORDERED in ____, Florida on ________, 19__. _________________________ Judge See also Form 1.996. Section 55.03, Florida Statutes, when applied to a judgment that contains an award of prejudgment interest, does not impermissibly compound interest on interest; rather it awards interest on a final judgment that remains unpaid after entry....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...cts. However, this determination does not resolve the real issue here presented, and that is, when does interest begin to accrue on the judgment. The statute provides that all judgments shall bear interest at a rate of six per cent per annum. F.S.A. § 55.03....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2004 WL 784645
...[3] Of course, there was no agreement between the parties addressing the issue of the rate of interest to be paid on any award of retroactive alimony. Therefore, pursuant to section
687.01, Florida Statutes (2002), the applicable rate of interest is the rate provided in section
55.03, Florida Statutes (2002)....
CopyCited 8 times | Published | District Court, S.D. Florida | 1988 U.S. Dist. LEXIS 4139, 1988 WL 45705
...4th DCA 1981)) (other citations omitted); see also Argonaut Insurance Co. v. May Plumbing Co.,
474 So.2d 212, 214-15 (Fla.1985); Underwriters Insurance Co. v. Kirkland,
490 So.2d 149, 153-54 (Fla. 1st DCA 1986). The legal rate of interest is 12 percent a year. Fla.Stat. Ann. §
55.03 (West Supp.1988)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 24494
...mission was not intended to change the substantive law regarding money judgments as stated in former Rule 3.15(a). Thus, on remand, the trial judge must enter a final judgment, nunc pro tunc, to January 4, 1983, the date of the jury's verdict. Under Section 55.03, Florida Statutes (1981), the judgment will bear interest at the rate of 12% from that date....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 19282, 2012 WL 5415450
...les by enclosing a hallway vestibule in their condominium unit. We reverse, because the trial court did not calculate the full judgment due as well as the pre-judgment interest. Interest from that judgment thereafter is calculated in accordance with section 55.03(3), Florida Statutes, which provides for a floating interest rate and not a fixed rate....
...5th DCA 1992)] that prejudgment interest becomes part of a single total sum adjudged to be due and owing. Id. at 931 (citation and footnote omitted). The award of pre-judgment interest on attorney’s fees is thus a matter of court-made law, not the application of section 55.03, Florida Statutes, which applies to judgments....
...Further, the pre-judgment interest must be calculated by the court, because the pre-judgment interest becomes part of the judgment and then earns interest at the statutory rate. Id. Courts apply the statutory judgment interest rate from the date of loss or entitlement under section
55.03 for purposes of calculation of pre-judgment interest. Argonaut Ins. Co. v. May Plumbing Co.,
474 So.2d 212, 215 (Fla.1985). Prior to July 1, 2011, section
55.03 provided for an interest rate set by the Chief Financial Officer on a yearly basis. The interest rate established at the time of the judgment would remain the same until the judgment was paid. §
55.03(3), Fla....
...“The interest rate is established at the time a judgment is obtained and such interest rate shall be adjusted annually on January 1 of each year in accordance with the interest rate in effect on that date as set by the Chief Financial Officer until the judgment is paid.... ” § 55.03(3), Fla....
...y’s fees award from January 11, 2011, through the date that judgment was actually entered in January 12, 2012. Thereafter, the judgment shall earn interest in accordance with the statutory rate set by the Chief Financial Officer in accordance with section 55.03, Florida Statutes....
CopyCited 7 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 18188, 1990 WL 258893
...Prejudgment Interest Under ERISA In plaintiff's second amended complaint, he requested prejudgment interest at the legal rate in Florida of twelve percent per annum. See West v. Sunbelt Enters.,
530 So.2d 433, 436 (Fla.Dist.Ct. App.1988); Fla.Stat. §
55.03(1) (1989)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal
...(1979), discussed infra. [2] FIGA's non-liability for interest applies, under Sec.
631.57(1)(b), Fla. Stat. (1979), only with respect to "covered claims." FIGA remains responsible for the payment of lawful interest on the final judgment itself from the date of entry. §
55.03, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10404, 2016 WL 3626526
...subject matter of the controversy, namely the funds owed by Suntrust to
the judgment debtor. To that extent, the court did not have jurisdiction,
and the judgment is void.
Arrow contends that it is entitled to interest on the judgment pursuant
to section 55.03(2), Florida Statutes (2010), which provides for interest on
2
judgments for money damages, orders for judicial sale, and process or
writs directed to a sheriff for execution....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Apparently, after the original jury verdict, before the first appeal, the judge took several months to decide how to apportion the damages prior to entering the final judgment previously reversed. As a result, there are three possible dates on which the interest was to commence accruing under Section 55.03 Florida Statutes (1975)....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1994 WL 135211
...rt of a single total sum adjudged to be due and owing. See Phillips v. Parrish,
585 So.2d 1038 (Fla. 1st DCA 1991). The amount awarded for prejudgment interest, like all other components of the "judgment", automatically bears interest as provided by section
55.03, Florida Statutes....
CopyCited 6 times | Published | Supreme Court of Florida
...Where the question arises, doubts should be resolved in favor of the lawyer testifying and against his becoming or continuing as an advocate." (emphasis ours.) [2] See new DR 2-107(A) and EC 2-22 (Fla. Bar Journal, Sept. 1970, pp. 52 and 57; 32 F.S.A. Pocket Part, 1971-1972). [3] Fla. Stat. § 55.03.
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...The jury found Kirkells' damages pursuant to the Carmack Claim were $64,031. The Kirkells then filed a motion for final judgment in accordance with the verdict in which they asked the trial court to award pre- and post-judgment interest at the rate set by section 55.03, Florida Statutes (2002)....
...Collins argues that, because the Carmack Amendment preempts state law, the trial court was required to utilize the federal interest rate set in 28 U.S.C. § 1961 when calculating the pre- and post-judgment interest rather than the Florida interest rate set in section 55.03, Florida Statutes....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2008 WL 818822
...judgment. We reverse only that portion of the judgment permitting the Husband to pay an equalizing payment for equitable distribution over ten years at a reduced rate of interest. We remand for the trial court to apply the statutory interest rate in section 55.03, Florida Statutes (2004), to this payment as of a date no later than the date the final judgment was entered....
...No one suggests that she retained voting rights on her shares of stock or that she had any right to income from those shares during the period when the case was pending on rehearing. The law generally mandates a statutory rate of interest on monetary awards from the date of the entry of the judgment. See §§
55.03,
687.01, Fla....
...a matter of some discretion in dissolution of marriage cases. See Rey v. Rey,
598 So.2d 141, 145 (Fla. 5th DCA 1992). We need not decide in this case whether we agree with the Fifth District that such discretion may be accorded in light of sections
55.03 and
687.01....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...as the trial judge held below, only when timely post-trial motions have been disposed of, so as to render the judgment final for the purposes of appeal. There is nothing in the use of the word "rendered" in either the present or the prior version of Section 55.03, Florida Statutes (1977) which indicates in any way an intention by the legislature to incorporate the definition of "rendition" found in Fla.R.App.P....
CopyCited 6 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 162, 1991 Fla. LEXIS 201, 1991 WL 90778
...The cities appealed, alleging that the county was obligated to pay postjudgment interest on the amended judgment from the date of the original judgment. The district court agreed ( Palm Beach II ), and certified the question. We find that the question presented is governed by section 55.03, Florida Statutes (1987), which in relevant part provides: Judgments; rate of interest, generally....
...or decree is rendered on a written contract or obligation providing for interest at a lesser rate, in which case the judgment or decree bears interest at the rate specified in such written contract or obligation. The county nevertheless argues that section 55.03 is inapplicable because interest may only be awarded when the right to interest can be implied from the language of a statute which waives soverign immunity....
...Terrell,
117 Fla. 838,
158 So. 512 (1935), attempting to distinguish them based on references to general statutes waiving immunity or authorizing suit. [2] In this instance, we find it unnecessary to look for an underlying statute to imply interest, when section
55.03 expressly provides for postjudgment interest without listing any exception to its application....
...This is a penalty which penalizes the taxpayer. This is clearly not a situation where a debtor has had the use of the money awarded in a judgment. In my view, the legislature never intended, when it enacted the assessment statute, section 336.59, nor when it enacted section 55.03, Florida Statutes (1987), to apply postjudgment interest to a dispute between governmental entities concerning what is a proper legislative determination of a tax assessment for a strictly governmental purpose....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 553, 2009 WL 187694
...ties that paid aggregate charges to the Secretary exceeding $150 million. As analyzed in greater detail below, if Angelfish and Steak are seeking a disgorgement of all those charges and a payment of statutory prejudgment interest on the charges, see section 55.03, Florida Statutes (2000) (applicable because the amounts in question are liquidated), the aggregate claim against the State of Florida would likely exceed $300 million....
CopyCited 6 times | Published | District Court, S.D. Florida | 2017 WL 448952, 2017 U.S. Dist. LEXIS 56798
...ost-judgment interest rate to be applied is determined by federal law pursuant to 28 U.S.C. § 1961 . G.M. Brod & Co., Inc. v. U.S. Home Corp.,
759 F.2d 1526, 1542 (11th Cir. 1985). The Florida statutory prejudgment interest is set by Fla. Stat. Section
55.03....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 501137
...he court further stated that "prejudgment interest becomes part of a single total sum adjudged to be due and owing. The amount awarded for prejudgment interest, like all other components of the `judgment,' automatically bears interest as provided by section
55.03, Florida Statutes (1993)."
670 So.2d at 931....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...rued interest at the statutory rate over thirty-nine equal quarterly payments, or prepay the entire amount with accrued interest without any penalty. Appellant argues that periodic payments at the legal rate of interest is contrary to the meaning of section 55.03, Florida Statutes....
...her alimony. The imposition of interest was one factor which the trial court could and did consider as necessary to do equity and justice between the parties. Canakaris, supra ; §
61.08, Fla. Stat. (1981). We also note that appellant's reliance on section
55.03, Florida Statutes, for the proposition that the trial court's authorization of the accrual of interest was improper is without merit....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 14459, 2001 WL 1219492
...Callahan obtained a summary final judgment against Fleetwood and Zaccagnino on October 21, 1997. The judgment awarded Callahan treble damages in the amount of $60,800, a $950 service charge pursuant to section
68.065, Florida Statutes, and $3,893 in interest pursuant to section
55.03, Florida Statutes....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 16769
...Accordingly, we affirm the decision of the trial judge awarding a refund of 1977 taxes, and requiring computation without reference to the Department's amended formula. We also affirm the award of interest at 8% on the amount of the tax refunds found to be due to the taxpayers. § 55.03, Fla....
CopyCited 5 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 3802, 2003 WL 1192472
...priate state law in determining questions involving a marine insurance contract." Gulf Tampa Drydock Co. v. Great Atlantic Ins. Co.,
757 F.2d 1172, 1174 (11th Cir.1985). The parties agree that Florida law is the "appropriate" state law. [3] Fla. St. §
55.03(1) requires the Comptroller of the State of Florida, on December 1 of each year to set the rate of interest that shall be payable on judgments and decrees for the year beginning the following January 1....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2012 WL 6719459, 2012 Fla. App. LEXIS 22157
...ordance with its motion for a directed verdict. As a final matter, Allstate argues the 11% interest rate applicable to the judgment was entered in error as it was not the applicable statutory interest rate in effect at the time of the judgment under section 55.03(3), Florida Statutes (2011)....
...Despite the trial court's observation as to the burden of proof, no special jury instruction on the burden of proof was requested, presumably because Allstate took the position that the issue of prejudice was erroneously placed before the jury. . Pursuant to Chapter 2011-169, § 1, at 2893, Laws of Florida, which amended section 55.03, Florida Statutes, the Chief Financial Officer sets the judgment interest rate quarterly....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...court found the city was obligated to reimburse them. The interest provided for by the court was that which would accrue from the time of the entry of the judgment determining the plaintiffs were entitled to refunds from the city, as provided for by Section 55.03 Florida Statutes, 1973....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 428514
...*1265 William B. Milliken of Hayden and Milliken, P.A., Miami, for Appellants. Kimberly Sands of Sands, White and Sands, P.A., Daytona Beach, for Appellee Scott Goldy. HARRIS, Judge. The first issue in this case is whether the court erred in determining that section
55.03, Florida Statutes, as amended in 1994, requires that the interest on the judgment herein must be amended annually. In Beverly Enterprises-Florida, Inc. v. Spilman,
689 So.2d 1230 (Fla. 5th DCA 1997), we held that the language of section
55.03 "makes it clear that the legislature was establishing a procedure for fixing a flexible interest rate for judgments entered on or after January 1, 1995." Although this statement was obiter dictum in Spilman, it is a central issue in this case....
...oncerned with whether the statute's adjustable rate provision requires an annual adjustment of the interest due on outstanding judgments entered after the effective date of the *1266 statute. To answer this question, we need to review the history of section 55.03....
...s nonpayment. The *1267 rate thus determined was not contractual, and the power of the state to change or modify it was neither exhausted by the rendition of the judgment nor restricted by constitutional limitations. Further, it should be noted that section 55.03 expressly provides that the Comptroller "shall set the rate of interest that shall be payable on judgments or decrees for the year beginning ......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1993 WL 341121
...Under the trial court's order, interest runs from the date of the order which determined the amount of restitution. The interest is specifically set at 10% per year, and the interest must be simple, not compound, interest. See Dezen v. Slatcoff,
65 So.2d 484, 485 (Fla. 1953); §
687.01, Fla. Stat. (1989). See also §
55.03(1), Fla....
...ctims could have received 10% annual interest if they had invested the money. Section
687.01, Florida Statutes (1989), imposes a statutory rate of 12% annual interest unless the parties agree to a lesser or greater rate by written contract. See also section
55.03(1), Florida Statutes (1989), which imposes a 12% annual rate of interest on a judgment unless the judgment is based on a written contract or obligation providing for a lesser rate....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 17293, 2009 WL 3877900
...Despite recognizing the harshness of the result, we, like the trial court, are not free to rewrite the terms of the Agreement. Cross-appeal Request for equitable and supplemental relief The Lead challenges the trial court's denial of its request for equitable and supplemental relief in the form of statutory interest under section 55.03, Florida Statutes, on the sales proceeds deposited into the escrow account....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 225713
...In all, we believe that a fair trial was conducted despite the improprieties of counsel. On cross-appeal, Barnes contends that she should have been awarded interest accruing from the date the verdict was rendered rather than from the date the judgment was entered, arguing that the amendment to section 55.03, Florida Statutes, effected by chapter 94-239, Laws of Florida (1994) somehow undermines our decision in Easkold v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 6770, 2012 WL 1514444
...usband has improperly raised it for the first time on appeal. The former husband’s third argument asserts the trial court erred when it awarded a $970.31 judgment to him without providing for interest, even though the funds had accrued since 2004. Section 55.03, Florida Statutes (2010), states that any money judgment shall, on its face, provide the rate of interest that is payable on the judgment....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...This is an appeal by attorneys for a decedent's estate from an order of the Probate Division of the Dade County Circuit Court which denied their motions for the payment of interest on fees previously awarded them. The issue presented [1] is novel to the courts of this state: Whether Section 55.03 Florida Statutes [1975] requires and directs a court to allow interest on attorneys' fees awarded for services rendered a decedent's estate regardless of the present ability of the estate to disburse funds at the time of the award....
...at the time they petitioned the court for their fees for either immediate payment or allowance of interest; and (5) that payments were made within a reasonable time from the date of the sale of the estate's assets. Appellants take the position that Section 55.03 leaves no discretion to the court; accrual of interest is automatic and, on demand, they are entitled to interest from the date of the awards to the date of payment at the rate of six percent. Appellee contends that the orders filed in this case do not rise to the status of "judgments" so that Section 55.03 would apply....
...Only if the probate award can be considered as a judgment within the meaning of the statute permitting interest on judgments is allowance of interest proper. Thus the crucial issue is whether the initial orders granting attorneys' fees constitute "judgments or decrees" within the contemplation of Section 55.03. Section 55.03 provides, in pertinent part: "All judgments and decrees bear interest at the rate of six per cent a year......
...Since probate orders granting attorneys' fees, although final from the standpoint of appealability, do not possess the characteristics of a judgment entitling a party in whose favor they are rendered to levy execution, they are not judgments or decrees which fall within the parameters of Section 55.03....
...l the time the funds are available to a nonliquid estate to pay the sums ordered. We hold that "orders" directing payment of attorneys' fees entered in probate proceedings such as the case before us, are not "judgments or decrees" as contemplated in Section 55.03, and therefore do not automatically draw interest from date of rendition to date of compliance....
...For example, where payment is improperly and arbitrarily withheld when there are ample cash assets in the estate to make payment, the probate judge *112 has the discretion to allow or disallow interest on payments awarded as attorneys' fees. The trial judge did not abuse his discretion in this cause, and Section 55.03 does not mandate allowance of interest on the facts before us....
CopyCited 4 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 13980
...ntly unliquidated until trial. Argonaut Insurance Co. v. May Plumbing Co.,
474 So.2d 212 (Fla. 1985); Southeast Title and Insurance Co. v. Austin,
202 So.2d 179 (Fla.1967); Smith v. Dunning,
467 So.2d 465 (Fla. 5th DCA 1985). Additionally, Fla.Stat. §
55.03(1) provides for post-judgment interest as a matter of right and a claim for post-judgment interest need not be pleaded in the Complaint....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 264276
...The aggregate amount of the judgment may reflect many elements of damages, but after the merger the damages become a single judgment. Thereafter, the judgment does not bear interest as a cause of action or as elements of damage, but as a judgment. § 55.03, Fla....
...In the late 1970s, it was not uncommon for a small loan company to have a contractual right to interest at a rate in excess of 18%. When judgment was entered after default on such a note, that judgment, including the principal and contractual interest, accrued statutory interest at the lower rate of 6% or 8%. § 55.03, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1987 U.S. Dist. LEXIS 10867, 43 Empl. Prac. Dec. (CCH) 37, 196, 44 Fair Empl. Prac. Cas. (BNA) 454, 1987 WL 70
...ate law. Criswell v. Western Airlines, Inc.,
514 F.Supp. 384 (C.D.Calif.1981), aff'd.,
709 F.2d 544 (9th Cir.1983). See also Kelly v. American Standard, Inc.,
640 F.2d at 982. In Florida the prejudgment interest rate is 12% *832 per annum. Fla.Stat. §
55.03 (1985)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11440, 2011 WL 2937310
...rded." (citing Parker v. Brinson Constr. Co.,
78 So.2d 873, 874 (Fla. 1955))). Accordingly, we reverse in part and remand with directions that the trial court amend its final judgment to award Craigside interest on $900,000 at the rate prescribed by section
55.03, Florida Statutes (2010), for the period from April 16, 2007, to August 26, 2008....
CopyCited 4 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 93, 2007 WL 26811
...Schillinger attempts to explain Oakridge's silence during this two week period by referencing his busy trial schedule, this reason fails to explain why Mr. Qureshi, Mr. Schillinger, and Mr. Serrano all failed to object to the purported settlement agreement at an earlier date. [5] See § 55.03, Florida Statutes....
...Blumstien's testimony was consistent with his Declaration. See Doc. No. 86. [5] Ms. Weston's testimony was consistent with her Declaration. See Doc. No. 90. [6] Exhibit references are to those exhibits presented at the hearing. [7] For 2006 the statutory interest rate in Florida is 9% per year. See § 55.03, Florida Statutes and http://www.fldfs.com/aadir/interest....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 18610
...t the agreement fails to provide for interest. Accordingly, we reject Forest Land's argument that Section
687.01 should control in this case. [4] We find, however, that Forest Land is entitled to interest at the statutory rate of 12% by operation of Section
55.03, Florida Statutes (1981)....
...est Land had failed to seek to vacate the award within the 90-day time period set out in §
682.13, Florida Statutes (1981). We accordingly directed the lower court to confirm the original arbitration agreement. [2] The statutory rate is provided in Section
55.03, Florida Statutes (1981), as follows: (1) A judgment or decree entered on or after October 1, 1981, shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation provi...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 197914
...ife's interest in the pension funds by way of periodic lump sum alimony payments plus accrued interest, see Villaverde v. Villaverde,
547 So.2d 185 (Fla. 3d DCA 1989) (trial court erred in its "failure to award interest at the legal rate provided in section
55.03, Florida Statutes (1985), on pension money awarded to the wife but not transferred to her.")....
CopyCited 4 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 15968
...x thousand nine hundred eighty-seven dollars and seventy cents ($1,796,987.70); and said amount shall bear interest at the rate of eight per cent (8%) per annum, from the date of this judgment, as provided pursuant to 28 U.S.C. § 1961 and Fla.Stat. § 55.03....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1988 WL 89043
...2d DCA 1966) and 32 Fla.Jur.2d, Interest and Usury § 14. As to the point raised by appellants on appeal, we also affirm. Appellees' right to prejudgment interest was established in Dama I, which interest is at the statutory rate of 12 percent. See section 55.03(1), Fla....
...or appellees' use. A condemnee is constitutionally entitled to full compensation, including the value of the property rights taken and interest at the statutory rate until the date compensation becomes available. Behm v. Division of Administration . Section 55.03(1), providing that a judgment shall bear interest at the rate of 12 percent per year, makes no distinction between a judgment creditor and a condemnee....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 454781
...The Whitehursts argue that the trial court erred in not utilizing the so-called "fast track" procedure for foreclosures under section
702.10, Florida Statutes (1995), in setting post-judgment interest at 8 percent per annum, as determined pursuant to subsection
55.03(1), Florida Statutes (1995), rather than the 10 percent interest rate set forth in the agreement for deed, and in assessing less than the full amount of requested fees and costs. We affirm on all issues, but find that the issue relating to the award of post-judgment interest requires further discussion. The Whitehursts contend that the provisions of subsection
55.03(1) require the trial court to apply the interest rate contained in the agreement for deed when awarding post-judgment interest, rather than the statutory rate computed by the state comptroller. We cannot agree. Although section
55.03(1) allows the parties to contractually set the rate of post-judgment interest, a contractual provision, as here, which sets only the rate of interest for the debt does not also govern the rate of post-judgment interest....
...Post-judgment interest did not exist at common law and is solely a matter of legislative creation. See, e.g., Kaiser Aluminum & Chem. Corp. v. Bonjorno,
494 U.S. 827, 840,
110 S.Ct. 1570, 1578,
108 L.Ed.2d 842 (1990)("At common law, judgments do not bear interest; interest rests solely upon statutory provisions."). Under section
55.03(1), Florida Statutes (1995), as of January 1st of each year, the comptroller of the State of Florida sets the rate of interest payable on judgments and decrees. Subsection
55.03(1) further provides that "[n]othing contained herein shall affect a rate of interest established by written contract or obligation." The agreement for deed in the instant case provides that the Camps would pay the Whitehursts "Four Hundred Fifty Thousand and no/100 Dollars ($450,000.00) ......
...As a result, on entry of the judgment the lender can no longer charge the contractual interest, but is entitled only to statutory interest. Sciandra v. First Union National Bank of Florida,
638 So.2d 1009, 1010 (Fla. 2d DCA 1994)(Altenbernd, J., concurring). Although subsection
55.03(1) authorizes the parties to establish the post-judgment interest rate by contract, significantly the statute does not provide that the applicable contract interest rate also governs the post-judgment rate for judgments based on the contract....
...debtedness that is the subject of the cause of action, and not for any judgment resulting from the cause of action, the 8 percent statutory rate applies. AFFIRMED. JOANOS and WOLF, JJ., concur. NOTES [1] Compare, for example, the last sentence of subsection 55.03(1), Florida Statutes (1995), with subsection 15-1-4(1) of the Utah Code ("Any judgment rendered on a lawful contract shall conform to the contract and shall bear the interest agreed upon by the parties....")....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...personal representative to make payment. The order to pay created a due debt against the estate in favor of appellant which like any other debt, entitled appellant to the principal of the debt plus interest at the lawful rate from the due date. See § 55.03, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2012 WL 4511329, 2012 Fla. App. LEXIS 16726
...We find no error in the trial court’s ruling that interest is to run from the date of entitlement. See Butler v. Yusem,
3 So.3d 1185, 1186 (Fla.2009). We agree, though, that the correct interest rate was six percent — the statutory rate at the time of entry of the February 2011 fee judgment. See §
55.03(3), *677 Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2221
...Any damages that they might have incurred were caused by their default on the wraparound mortgage. In their third point on appeal, with which appellees agree, appellants note that the final judgment states that it shall bear interest at the rate of eighteen percent a year. However, section 55.03, Florida Statutes (1985), provides that all judgments rendered after October 1, 1981, shall bear interest at twelve percent a year....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1985 Bankr. LEXIS 6165
...For that reason, the claim of secured status is denied. The claim is, however, allowed in full as a general, unsecured claim. This judgment bears interest at the rate specified by the Florida statute from the date of its entry to the date of bankruptcy. 11 U.S.C. § 726(a); Fla.Stat. § 55.03(1) (1983)....
CopyCited 3 times | Published | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 21251, 1995 WL 865716
...specified contractual rate, prejudgment interest should accrue at a rate of 12 percent per annum. This statute was amended effective October 1, 1994, however, and now provides that prejudgment interest should accrue at a rate calculated pursuant to § 55.03, Fla.Stat....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1992 WL 43212
...d when actually entered, and not as of any earlier date. The trial court disagreed with both positions and entered final judgment effective the date of this court's published opinion in the earlier appeal. From that ruling both sides appealed. Under section 55.03, Florida Statutes (1989), interest accrues on a judgment, not on a verdict....
...The only judgment entered in this cause is the judgment recorded on December 20, 1989, after appellate remand in Rety v. Green,
546 So.2d 410 (Fla.3d DCA), review denied,
553 So.2d 1165 (Fla. 1989). Interest could not begin to accrue prior to December 20, 1989, when judgment was entered. §
55.03(1), Fla. Stat. (1987). The majority departs from settled sound principles in holding that the accrual of interest commences on the date of the jury verdict. Interest accrues only on the entry of judgment; no other event invokes the accrual of interest. §
55.03(1), Fla. Stat. (1987). Section
55.03(1), Florida Statutes (1987), provides that "[a] judgment or decree entered on or after October 1, 1981, shall bear interest at the rate of 12 percent a year......
...11 (Fla. 3d DCA), cert. denied,
366 So.2d 883 (Fla. 1978); compare Bank of Central Fla. v. Department of Banking & Finance,
470 So.2d 742 (Fla. 1st DCA 1985) (final order lacking the force or effect of a money judgment does not accrue interest under section
55.03)....
...Rule 9.340(c) [1] states that "[w]hen a judgment of reversal is entered which requires the entry of a money judgment on a verdict, the mandate shall be deemed to require such money judgment to be entered as of the date of the verdict." Rule 9.340(c) does not create an exception to section 55.03, or establish a different event from which interest may accrue. The rule merely establishes the date on which to enter a judgment upon issuance of a mandate. Once the judgment is entered pursuant to the rule, interest accrues on the judgment under section 55.03....
...the verdict. In Rety, this court did not reinstate a jury verdict; the court merely modified the trial court's remittitur of the jury's verdict. The Rety court did not modify an original judgment or order a remittitur of an original judgment. Under section 55.03 Rety may earn interest only as of the date of the rendition of a judgment....
...The judgment filed December 20, 1989, is the only judgment rendered. The majority applies the law as it "could be," at 1037, or "should be," at 1038; I would follow the law as it presently exists. I would therefore grant rehearing, withdraw our prior opinion, and hold that section 55.03 entitles Rety to earn interest as of the date that judgment was filed....
...This court reversed the trial court's judgment and remanded the case with instructions to enter a money judgment for the amount of the jury's verdict. "Thus, on remand, the trial judge must enter a final judgment, nunc pro tunc, to January 4, 1983, the date of the jury's verdict. Under Section 55.03, Florida Statutes (1981), the judgment will bear interest at the rate of 12% from that date....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 165411
...ate a permanent impairment rating on the witness stand when he had not rated plaintiff's impairment when deposed. Grau v. Branham,
626 So.2d 1059 (Fla. 4th DCA 1993); Colonnell v. Mitchels,
317 So.2d 799 (Fla. 2d DCA 1975). Lastly, we point out that section
55.03(1), Florida Statutes (1993), requires that a judgment bear interest....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1709535
...ocal depository or through the State Disbursement Unit are treated under certain circumstances as final judgments by operation of law; and subparagraph (6)(d) of that statute says that the depository "shall charge interest at the rate established in s. 55.03 on all judgments for support." Section 55.03, of course defines that rate of interest to be charged on judgments....
...ded to the arrearage, the interest alone would have exceeded the $60 per month payment so that each month the father would have gone further into debt. This was not the intent of the 1992 court." Id. at 581. Noting that the trial court had relied on section 55.03, Florida Statutes, for the assessment of interest in the subsequent order, this court held in McCready that "[a]lthough the legislature by the above cited statute has determined that `judgments and decrees' shall bear interest, this doe...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...The City challenges the method by which Provident's damages were established, the precise calculation concerning the award of attorneys' fees, and the use of a 12% interest rate for judgments entered in 1994. We conclude that the trial court utilized the correct statutory rate of interest. See § 55.03, Fla....
CopyCited 3 times | Published | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 13939, 2007 WL 624080
...Florida's Chief Financial Officer is required under Florida law to set the rate of interest that shall be payable on judgments beginning January 1st of each year. That interest rate established for calendar years 2004 and 2005 was set at 7% per annum, and for 2006, at 9% per annum. Fla. Stat. § 55.03(1)....
...re lose in the hurricane of September 2, 1935." See Drye, Willie. Storm of the Century: the Labor Day Hurricane of 1935; Brett M. Colbert, The Last Bridge. [17] Id, at 38. [18] Evid. Stip., supra. On January 1, 2007, the rate was changed. Fla. Stat. § 55.03(1) provides the interest rate for 2007 at 11% per annum....
CopyCited 3 times | Published | District Court, M.D. Florida | 171 U.S.P.Q. (BNA) 386, 1971 U.S. Dist. LEXIS 12099
...Swindell Bros.,
96 F.2d 227 (CA4, 1938). 10. Only simple interest at 6% per annum from the date of judgment, Radiator Specialty Company v. Micek,
395 F.2d 763 (CA9, 1969), Chesapeake and Ohio Ry. Company v. Kaltenbach,
124 F.2d 375 (CA4, 1941) and Florida Statute Section
55.03, F.S.A....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2609377
...o and "becomes part of a single total sum adjudged to be due and owing." Id. As such, our supreme court held that, "The amount awarded for prejudgment interest, like all other components of the `judgment,' automatically bears interest as provided by section 55.03, Florida Statutes....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 95772, 2008 WL 4762371
...Thus, this Court concludes that such costs constitute "costs of collection" under the written fee agreement. Finally, CRGP asserts that it is entitled to an award of interest, computed from the date of the Award and at the current Florida statutory interest rate of eleven percent per annum. See § 55.03, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1995 WL 642276
...reducing them for the immediate future while Robert still has his child-support obligations. The trial court is also free to consider imposing a rate of interest less than twelve percent, in view of the statutory change in calculating interest. See § 55.03(1), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 1997 WL 251062
...In its final order, the trial court found: For refunds of assessments for Years 1991, 1992 and 1993 challenged in Case No. 92-173, the Plaintiffs are entitled to refund of those amounts paid after October 31, 1991, together with post judgment interest following the November 25, 1991 Final Judgment pursuant to Section 55.03, Florida Statutes (1993), at the rate of 12 percent, such interest to be computed from the date of payment....
CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 269, 2016 WL 3191105, 2016 Fla. LEXIS 1195, 41 Fla. L. Weekly Fed. S 269
...The dispute concerns whether the post-judgment interest rate was 6% or 4.75% for post-judgment interest accruing during the period after January 1, 2012, in light of an intervening statutory amendment to Florida’s post-judgment interest statute, section 55.03, Florida Statutes....
...ory damages and $40,800,000 in punitive damages. With regard to post-judgment interest, the judgment provided that the total sum of $46,308,000 “shall bear interest at 6% per annum from April 29, 2010 for which sum let execution issue.” In 2010, section 55.03(3), Florida Statutes, specifically provided that “[t]he interest rate established at the time a judgment is obtained shall remain the same until the judgment is paid.” § 55.03(3), Fla....
...The trial court ordered that the total sum of $25,508,000 would “bear interest as provided by law from April 29,2010.” In 2014, R.J. Reynolds then filed a motion in the trial court to determine the rate of interest payable on the amended final judgment. R.J. Reynolds contended that a 2011 amendment to section 55.03(3), Florida Statutes, governed the accrual of interest on the judgment after the amended statute became effective on July 1, 2011. As we will detail below, the amendment to section 55.03(3) no longer provided that the interest rate would remain the same until the judgment was paid, but instead called for an interest rate subject to annu *1225 al adjustment on January 1 of each year....
...urt denied R.J. Reynolds’ motion. On appeal from the trial court’s rúling, a divided panel of the First District reversed the trial court for two reasons. See Townsend,
160 So.3d at 573 . First, the district court held that the 1998 addition of section
55.03(3), which remained in effect in 2010, did not abrogate the'common law default rule....
...Second, the district court held that the same version of the statute in effect at the time of the judgment did not create a vested right in one unchanging interest rate. See id. In dissent, however, Judge Swanson concluded that the plain meaning of the 2010 version of section 55.03(3), Florida' Statutes, which was in effect at the time of the judgment, controlled....
...to the statute to retroactively make the substantive change from a fixed rate of interest to an adjustable rate of interest. Ultimately, the First District certified the question to this Court as one of great public importance: DOES THE LANGUAGE OF SECTION
55.03(3), FLORIDA STATUTES (1998), PROVIDE THAT THE LEGISLATURE INTENDED TO ABANDON THE COMMON LAW RULE -THAT POST-JUDGMENT INTEREST RATES CHANGE ON EXISTING JUDGMENTS WHEN THE LEGISLATURE CHANGES THE RATES SUCH THAT THE 2011 AMENDMENTS TO SECTION
55.03, FLORIDA STATUTES DO NOT APPLY TO A JUDGMENT ENTERED PRIOR TO JULY 1, 2011? Id. at 575 . We accepted jurisdiction. See Townsend v. R.J. Reynolds Tobacco Co.,
171 So.3d 124 (Fla.2015). However, we believe the question is better articulated as: DOES THE 2011 AMENDMENT TO SECTION
55.03(3), FLORIDA STATUTES, APPLY TO A JUDGMENT ENTERED BETWEEN OCTOBER 1998 AND JUNE 30, 2011? ■ This review follows. ANALYSIS As the facts are not in dispute, this matter turns on a pure question of law and statutory interpretation — which version of section
55.03(3), Florida Statutes, governs and applies to the judgment in this case. Therefore, our review is de novo. See Daniels v. Fla. Dep’t of Health,
898 So.2d 61, 64 (Fla.2005). Townsend contends that the 2010 version of section
55.03(3), which provided a fixed rate of interest in effect at the time a judgment is entered shall remain the same until the judgment is satisfied, controls because she obtained her judgment in 2010....
...n of the statute would unconstitutionally abridge this vested right. Therefore, we quash the decision below and answer the rephrased certified question in the negative. THE TWO STATUTES AT ISSUE We begin our analysis by reviewing the two versions of section 55.03 at issue. Pri- or to 1998, section 55.03 only had two subsections, neither of which stated whether the interest rate was fixed or annually adjusted. 1 In 1998, effective October 1998, *1226 the Legislature amended section 55.08, including the addition of two subsections. See Ch. 98-410, § 4, Laws of Fla. One of the new subsections was subsection 55.03(3), providing that “The interest rate established at the time a judgment is obtained shall remain the same until the judgment is paid.” See Ch. 98-410, § 4, Laws of Fla; § 55.03(3), Fla. Stat. (2008). With the exception of changes to section 55.03(1) in 2003 to replace “Comptroller” with “Chief Financial Officer,” the 2010 version of the statute reflects the 1998 statutory amendments. As a result, in April 2010, the time when Townsend obtained her original judgment and the time from which the amended judgment accrues interest, section 55.03 provided in full: 55.03 Judgments; rate of interest, generally.— (1)On December 1 of each year, the Chief Financial Officer shall -set the rate of interest ■ that shall, be payable on judgments or decrees for ....
...decree indicates the rate of interest. For purposes of this subsection, if the process, writ, judgment, or decree refers to the statutory rate of interest described in subsection (1), such reference shall be deemed to indicate the rate of interest. § 55.03, Fla. Stat. (2010) (emphasis added). Next, effective July 1, 2011, an amended version of section 55.03 provided in full: 55.03 Judgments; rate of interest, generally.— (1) On December 1, March 1, June 1, and September 1‘ of each year, the Chief Financial Officer shall set the rate of interest that shall be payable on judgments or decrees for the calendar quarter be...
...decree indicates the rate of interest. For purposes of this subsection, if the process, writ, judgment, or decree refers to the statutory rate of interest described in subsection (1), such reference shall be deemed to indicate the rate of intérest. § 55.03, Fla. Stat. (2011) (emphasis added); Ch.2011-169, §§ 1, 3, Laws of Fla, Thus, through the 201Í amendment to section 55.03(3), the Legislature changed post-judgment'interest'ih Florida from a fixed rate of interest at the time the judgment was entered, which remained the same until paid, to one that would be adjusted annually to reflect the interest rate established by the Chief Financial Officer....
...In contrast, a substantive law prescribes legal duties and rights and, once those rights and duties are vested, due process prevents the Legislature from retroactively abolishing or curtailing them.
127 So.3d 1258, 1272 (Fla.2013) (internal .citations omitted). Thus, if the 2010 version of section
55.03(3) created a vested right in a fixed interest rate for judgments obtained while it was in effect, then we cannot constitutionally apply the 2011 amendment — which provides for an annually adjusted rate — to the judgment at issue in this case. It follows then that this inquiry turns on our application and interpretation of the 2010 version of section
55.03(3)....
...erms’ ordinary definitions, ... definitions [that] may be derived from dictionaries.’ ” (quoting Metro. Cas. Ins. Co. v. Tepper,
2 So.3d 209, 214 (Fla.2009))). We can recall few statutes that are as clear and unambiguous as the 2010 version of section
55.03(3): “The interest rate established at the time a judgment is obtained shall remain the same until the judgment is paid.” §
55.03, Fla....
...State,
346 So.2d 1018, 1019 (Fla.1977). Thus, pnce a judgment was obtained at the time that this statute was applicable, the rate of interest provided in the statute cannot change. Although it is not necessary to delve into the legislative history of section
55.03(3), Florida Statutes (2010), because the language is clear and unambiguous, the legislative history nevertheless confirms our reading of the statute. A staff analysis of the enacting law for the' 2010 version of section
55.03(3) explained that the statute “freezes” the interest rate to avoid the burden of adjusting the interest rate on judgments year after year: B....
...This legislative history suggests that the Legislature aimed to reduce the work and costs that would ensue from adjusting countless judgments on a year-to-year basis by providing for an interest rate that would be the same until the judgment was paid. As we have determined that the 2010 version of section
55.03(3) provides for an unchanging rate of interest for the life of a judgment, we now turn to whether the statute is procedural or substantive in nature. As we explained above, only a ¡substantive statute can create a vested right. See Maronda Homes,
127 So.3d at 1272 . We conclude that the 2010 version of section
55.03(3) is substantive in nature rather than procedural or remedial. As Judge Swanson noted in dissent below, the value of Townsend’s judgment would be reduced if the 2011 version of section
55.03 were to be retroactively applied. See Townsend,
160 So.3d at 576 (Swanson, J. dissenting in part and concurring in part). Specifically, application of the 2011 statute would deprive Townsend of $768,000. Furthermore, the substantive nature of the 2010 version of section
55.03(3) serves to protect R.J....
...We need not look any further than the plain language of the statute to reach this conclusion. As discussed above, the language is clear that the judgment bears a fixed interest rate — one that remains the same — once the rate is established at the time the judgment is obtained. See § 55.03(3), Fla....
...Therefore, Townsend’s substantive right to a fixed rate of post-judgment interest vested on April 29, 2010. R.J. Reynolds relies on Scott v. Williams,
107 So.3d 379 (Fla.2013), to contend that Townsend’s rights only vested with’ regard to the interest that accrued prior to the effective date of the '2011 amendment to section
55.03(3)....
...Reynolds relies on the fact that it is uncertain exactly how long a- judgment debtor will wait before fully satisfying a judgment and, therefore, exactly how much interest will accrue. We disagree. R.J. Reynolds misapprehends the right at issue. The substantive right created by the 2010 version of section 55.03(3) is simply the right to a fixed rate of interest for the life of the judgment, not the right to interest or to a particular rate of interest....
...te at issue here does. not. As a result, R.J. Reynolds’ reliance on Scott is misplaced. Having determined that Townsend’s substantive right tó a fixed rate of interest on her judgment vested, we cannot constitutionally apply the 2011 version of section 55.03(3) to her judgment....
...ns raised by the majority below and R.J. Reynolds. First, R.J. Reynolds urges that the statute cannot create a vested right to a fixed rate of interest because it would bind the hands of future Legislatures. The very passage of the 2011 amendment to section 55.03(3), however, belies this contention....
...Through that enactment, the Legislature exercised its right to change the policy on post-judgment interest by transitioning from a fixed rate of interest to an annually adjusted rate of interest. Any judgments obtained from the effective date of the 2011 amendments to section 55.03(3) are subject to the new statutory provisions of a variable interest rate established by the 2011 Legislature. Indeed, the fact that the statutory change does not retroactively reach those judgments obtained pursuant to the previous version of section 55.03(3) is in harmony with this State’s long-standing aversion to retroactive legislation....
...State,
750 So.2d 6, 9 (Fla.1999) (“Retroactive application of the law is generally disfavored_”) (internal citations omitted). This concern is unfounded. Second, the majority below' held that the common law default rule cases control in this situation despite the plain language of
55.03(3)....
...However, as discussed above, there was no need to look beyond the plain meaning of the statute. Under Florida law, a statute supersedes a common law-rule when it is so repugnant to the common law rule that the two cannot coexist. See Thornber v. City of Ft. Walton Beach,
568 So.2d 914, 918 (Fla.1990). The 1998. enactment of section
55.03(3) presents such a scenario....
...The common law default rule cases thus interpreted changes in the post-judgment statutory interest rate as permissible exercises of this legislative grace and changing legislative policies. On the other hand, as discussed above, in 1998, the Legislature enacted section 55.03(3), which provided that “[t]he interest rate established at the time, a judgment is obtained shall remain the same until the judgment is paid.” § 55.03(3), Fla. Stat. (1998). This provision squarely rejected the common , law default rule’s position to the contrary. The subsequent 2011 amendments, returning to a variable rate of interest, further bolster our conclusion that the 1998 addition of section 55.03(3) *1232 superseded the common law . default rule with precise statutory language. Despite the clear conflict between the 1998 version of section' 55.03(3) and the common law default rule, R.J. Reynolds nevertheless attempts to reconcile the two. Specifically, R.J. Reynolds urges us to read section 55.03(3) as also including some type of implicit language not present in the statute that the rate shall remain the same “unless and until — as here — the Legislature decided otherwise.” However, this we cannot do....
...laced there by the Legislature.”). Moreover, even if we could, such an interpretation is incorrect. To simply ignore the fact that the Legislature explicitly provided for a singular, unchanging rate of interest would be to consider the language of 55.03(3) superfluous or meaningless and run contrary to years of precedent....
...involves a statute like the one in effect in Florida at the time Townsend obtained the judgment we consider here. 2 Specifically, the statute here contains a specific provision providing the rate of interest that accrues until the judgment is paid, section 55.03(2), Fla, Stat. (2010), and an additional provision explicitly providing that the rate of interest shall remain the samé until the judgment is paid, section 55.03(3), Fla. Stat. (2010). 3 *1233 Therefore, the common law default rule was rendered inapposite and abrogated under Florida law following the enactment of section 55.03(3) in 1998....
...Reynolds warns us that we should not simply disregard the century of cases applying the common law default rule. However, we humbly reject the notion that we have such power and hold today, instead, that the 1998 Legislature invoked that power. CONCLUSION In conclusion, through its enactment of section 55.03(3) in 1998, the Legislature granted litigants obtaining a judgment a vested right to a fixed rate of interest that expressly fixed the rate of interest until the judgment was paid. As a result, subsequent enactments, including the 2011 amendments to section 55.03, cannot divest judgment holders of the right to a fixed rate of interest without offending due process, so long as those judgments were obtained while the 1998 version of-section 55.03(3) was in effect....
...question in the negative, and remand for further proceedings consistent with this opinion. It is so ordered. LABARGA, C.J., and PARIENTE, QUINCE, and PERRY, JJ., concur. POLSTON, J., dissents with an opinion, in which CANADY, J., concurs. . In 1997, section 55.03 provided in'full: 55.03 Judgments; rate of interest, géner- *1226 ally....
...ment, or decree which is directed to the sheriffs of the state to be dealt with as execution shall bear-, on the face of the process, writ, -judgment, or decree, the rate of interest which it shall accrue from the date of the judgment until payment. § 55.03, Fla....
...Reynolds refers this Court to cases applying.the common law default rule in Arizona, North Dakota, and Utah, R.J, Reynolds failed to refer this Court to subsequent enactments in those states that provide for an unchanging rate of interest similar to the 2010 version of section 55.03(3), Florida Statutes....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...However, the statute is not applicable here in view of the above discussions pertaining to the agreed upon provisions of the final judgment. Lastly however, we likewise do not hold that no interest whatever need be paid on this judgment inasmuch as the provisions of Section 55.03, Florida Statutes (1977) will apply from the date of the final judgment on March 28th, through the date of payment thereof, some 60 days later....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1992 WL 175083
...Because the parties manifested no intent to waive post-default interest, the trial court's denial of prejudgment interest must be reversed. To the extent that our decision today conflicts with Giglio, we certify the conflict. The trial court also erred in denying post-judgment interest. Section
55.03(1), Florida Statutes (1991), provides that a judgment: shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation providing for interest at a lesser rate, in which case the judgment or decree bears interest at the rate specified in such written contract or obligation. The maker relies on McLean v. McLean,
461 So.2d 1031 (Fla. 2d DCA 1985), which denied post-judgment interest under section
55.03(1) because the instrument was payable on demand and without interest. Here, the maker argues that the note is also non-interest bearing. The plain language of section
55.03(1) requires that the note "provide" for interest at a lesser rate....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 325048
...The prejudgment interest on this amount was $7,786.93 for a total award of $27,870.89. The trial court set off Janke's award by the amount of the City's award and entered a judgment in favor of Janke for a total of $415,059.09. By operation of law, the judgment will bear interest at an annual rate of twelve percent. See § 55.03, Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 34078, 2009 WL 1076124
...[12] Florida law provides that "[o]n December 1 of each year, the Chief Financial Officer shall set the rate of interest that shall be payable on judgments or decrees for the year beginning January 1 . . . . Nothing contained herein shall affect a rate of interest established by written contract or obligation." Fla. Stat. § 55.03(1)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 12165, 47 Empl. Prac. Dec. (CCH) 38, 306, 47 Fair Empl. Prac. Cas. (BNA) 1405, 1988 WL 85918
...441, 444-45 (W.D.N.Y.1987). 11 Accordingly, we hold that McKelvy’s charge was timely filed. III. PREJUDGMENT INTEREST ISSUE Metal Container challenges the district court’s use of Florida’s twelve percent rate for prejudgment interest. Fla.Stat. Ann. § 55.03....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 16463, 2007 WL 3033400
...The final judgment, however, must be reversed and remanded. The appellee failed to demonstrate a legal basis for the individual liability of appellant Walsh. As to Walsh, the judgment is reversed. The judgment erroneously calculates prejudgment interest at 11% instead of at the applicable 7% rate. § 55.03, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16558, 2005 WL 2656261
...; Stoler v. Stoler,
679 So.2d 837, 838 (Fla. 2d DCA 1996) (affirming finding that interest on attorney's fees and costs accrues from date of entitlement and that postjudgment interest may accrue on prejudgment amount, citing Higley South ). See also §
55.03(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...te of 12% a year unless the judgment or decree is rendered on a written contract or obligation providing for interest at a lesser rate, in which case the judgment or decree bears interest at the rate specified in such written contract or obligation. § 55.03(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...property in favor of MUNB; and (iii) set a foreclosure sale for the property.
Immediately after liquidating the amount due under the note, the Foreclosure
Judgment contains the following language: “which shall bear interest per year at
the interest rate provided by Section 55.03(1), Florida Statutes (2011).” No party
appealed the Foreclosure Judgment.
The Foreclosure Judgment adjudicated and disposed of Counts I, II, III, and
V of the amended complaint, as well as Ponce Trust and the Guarantors’
affirmative defenses to those claims....
...Ponce Trust’s
bankruptcy reorganization; and (ii) the non-discharged interest accrued not at the
eighteen percent default rate outlined in the loan documents, but, rather, at the
significantly lower post-judgment interest statutory rate set by section 55.03(1).7
The trial court rejected the Guarantors’ arguments that they should receive the
same treatment as the principal debtor, Ponce Trust.
Ultimately, on March 6, 2018, the trial court entered the challenged Final
Deficiency Judgment against the Guarantors based on the damage calculations
7 Section 55.03(1) provides that Florida’s Chief Financial Officer shall set, on a
quarterly basis, the interest rate payable on judgments. § 55.03(1), Fla....
...Therefore, without further elaboration, we affirm the Final Deficiency
Judgment as it relates to Ponce Trust.
11
Foreclosure Judgment interest at the eighteen percent default rate in the loan
documents, as opposed to the post-judgment interest rate established in section
55.03(1)....
...The Guarantors assert that the trial court erred in
awarding CCP Ponce post-Foreclosure Judgment interest at the eighteen percent
default rate contained in the Construction Loan Agreement, rather than the
statutory post-judgment interest rate prescribed in section 55.03(1) of the Florida
Statutes....
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 141, 2000 Bankr. LEXIS 376, 2000 WL 390550
...fees and costs for a multiple criminal practices and, among others, submitting a false insurance claim, Fla.Stat.
817.234. In support of entitlement to interest up to the date of the entry of a judgment, counsel cites Fla.Stat.
687.01, and Fla.Stat.
55.03....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 23 Fla. L. Weekly Fed. B 39, 2011 Bankr. LEXIS 2250
...$13,298.85 at the petition datethe remainder due for an Acura TL lease which the Debtor has reaffirmed). The Debtor also omitted $48,441.00 worth of interest from Schedule F that had accrued on the state court final judgment pursuant to Fla. Stat. § 55.03(3)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...ied under section
627.739(2). See
Townsend v. R.J. Reynolds Tobacco Co.,
192 So. 3d 1223, 1229 (Fla. 2016) (noting that,
after examining a staff analysis of the enacting law, “[a]lthough it is not necessary to delve
into the legislative history of section
55.03(3), Florida Statutes (2010), because the
language is clear and unambiguous, the legislative history nevertheless confirms our
reading of the statute”); Diamond Aircraft Indus., Inc....
...ied under section
627.739(2). See
Townsend v. R.J. Reynolds Tobacco Co.,
192 So. 3d 1223, 1229 (Fla. 2016) (noting that,
after examining a staff analysis of the enacting law, “[a]lthough it is not necessary to delve
into the legislative history of section
55.03(3), Florida Statutes (2010), because the
language is clear and unambiguous, the legislative history nevertheless confirms our
reading of the statute”); Diamond Aircraft Indus., Inc....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 1975, 2016 WL 542861
...Appellant timely appealed the amended final judgment. Ordinarily, • interest on a money judgment in a tortease begins to accrue on the date that the trial court enters the judgment fixing the amount of the monetary award. See Amerace Corp. v. Stallings,
823 So.2d 110, 112 (Fla.2002); see also §
55.03, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 283089, 2012 Fla. App. LEXIS 1335
...Therefore, it cannot be said that the Bank did nothing to contribute to the conflicting claims. Accordingly, we affirm the trial court's denial of the Bank's motion for attorney's fees. The trial court erred in awarding post-judgment interest to Rainess. Post-judgment interest is governed by section
55.03(2), Florida Statutes (2009), which states: Any judgment for money damages or order for a judicial sale and any process or writ directed to a sheriff for execution shall bear, on its face, the rate of interest that is payable on the judgment. The rate of interest stated in the judgment accrues on the judgment until it is paid. Section
55.03(2), by its plain language, applies only to: (1) a judgment for money damages; (2) an order for a judicial sale; and (3) any process directed to a sheriff for execution. As explained above, Rainess was not awarded "damages" in this case, and the latter two categories are clearly inapplicable to this litigation. See also Gay v. Beary,
758 So.2d 1242, 1245 (Fla. 5th DCA 2000) (holding that "section
55.03 applies expressly and literally to `judgments obtained against a party' not property held pending completion of forfeiture proceedings")....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 10055, 1996 WL 546344
...The sole point on appeal concerns whether the trial court erred in denying the plaintiff, Roger’s Cushions, Inc., post-judgment interest at the parties’ agreed contract rate (18%) and in setting post-judgment interest at the rate set by statute, section 55.03, Florida Statutes....
...l guarantee of the unpaid debt. The trial court entered final judgment for the plaintiff but denied the plaintiffs motion to set interest on the judgment at the contract rate. Instead, the court set the interest rate of post-judgment interest at 8%. Section 55.03(1), Florida Statutes (1995) governs the rate of interest on judgments and provides: (1) On December 1 of each year beginning December 1,1994, the Comptroller of the State of Florida shall set the rate of interest that shall be payable o...
...t a rate of interest established by written contract or obligation.” The written agreement between these parties provided for a specific rate of interest applicable to unpaid balances (1.5% per month or 18% per year). The trial court believed that section
55.03(1) contains “some ambiguity” and refused to permit an 18% post-judgment rate of interest. In regard to this issue, we agree with the recent opinion of the First District in White-hurst v. Camp,
677 So.2d 1361 (Fla. 1st DCA 1996) wherein they stated: Although section
55.03(1) allows the parties to contractually set the rate of post-judgment interest, a contractual provision, as here, which sets only the rate of interest for the debt does not also govern the rate of post-judgment interest....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 7302, 1990 WL 138406
...Honeywell, Inc.,
487 So.2d 1029, 1030 (Fla.1986); Star Island Assoc. v. Lichter,
473 So.2d 791 (Fla. 2d DCA 1985). The remaining points lack merit. Reversed and remanded with instructions. . The statutory rate of interest was six percent at the time the 1972 judgment was rendered. §
55.03, Fla.Stat. (1967). . Section
55.03 was amended by Laws 1981, c....
CopyPublished | Florida 3rd District Court of Appeal
...nt, was entitled to dower in the net value of the brokerage account since the husband would not possess the securities until the broker had been paid. The statutes then provided for dower in the personal estate of which her husband "died possessed." Section 55.03(3639) C.G.L....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9127, 1991 WL 186670
...manner. 4 Therefore, for reasons stated, the final order under review is reversed and remanded to the trial court for reconsideration and the entry of a total amount due based on interest accrued at the rate of 8% per an-num in accordance with Sec. 55.03(1), Florida Statutes (1991). Reversed and remanded with directions. . Section 55.03(1), Fla.Stat. (1979). . Section 55.03(1), Fla.Stat. (1980). . Section 55.03(1), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...a compensatory award should be reduced in that manner, this argument too fails. See
Boatright,
217 So. 3d at 171-72.
- 13 -
Generally, interest on a money judgment begins accruing on the date of
judgment. See §
55.03(3), Fla....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 451, 1998 Fla. LEXIS 1682, 1998 WL 612752
...the retention in paragraph three of the Eviction Summons of the sentence stating “YOU MUST PAY THE CLERK THE RENT EACH TIME IT BECOMES DUE UNTIL THE LAWSUIT IS OVER”; (3) the addition of the phrase “bear interest at the legal rate pursuant to section 55.03, Florida Statutes” in the form for Final Judgment— Damages....
...On the evidence presented, it is ADJUDGED that Plaintiff, _ (insert Landlord’s name), recover from Defendant, _ (insert Tenant’s name), the sum of $_with costs in the sum of $_, making a total of $_, that shall bear interest at the legal rate pursuant to section 55.03, Florida Statutes, of — 1-2-%-a- year for which let execution now issue....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2497, 1989 Fla. App. LEXIS 6035, 1989 WL 128065
...We also find error in the trial court’s method of awarding appellant an interest in appellee’s pension benefits. The evidence shows that payment of those benefits will not be available to appellant prior to appellee’s disability or retirement. At least, she should be awarded interest at the legal rate provided in Section 55.03, Florida Statutes, on pension money awarded but not yet transferred to her....
CopyPublished | Florida 4th District Court of Appeal
...Progressive American Insurance Co., in which the trial court determined
that Progressive properly paid interest owed on an overdue personal injury
protection benefit payment. We find that the trial court erred in its
interpretation of sections
627.736 and
55.03, Florida Statutes (2020), for
purposes of calculating interest, but we agree with the trial court that the
amount in controversy—$4.17—was de minimis....
...Progressive also included a payment of $64.50 in interest on the
overdue benefit payment. 1
Precision sued, alleging that Progressive underpaid the interest due
under section
627.736(4)(d) by $6.31. Precision argued that sections
627.736(4)(d) and
55.03 required a quarterly fluctuating interest rate.
Progressive countered that the language “for the quarter in which the
payment became overdue” in section
627.736(4)(d) provided for a fixed
interest rate.
At trial, Progressive stated that...
...ion de novo.” Therlonge v.
State,
184 So. 3d 1120, 1121 (Fla. 4th DCA 2015).
Calculating Interest Rate
Section
627.736(4)(d) states:
All overdue payments bear simple interest at the rate established
under s.
55.03 or the rate established in the insurance contract,
whichever is greater, for the quarter in which the payment became
overdue, calculated from the date the insurer was furnished with
written notice of the amount of covered loss....
...More than thirty days after receiving the demand letter, Progressive paid the
additional benefits, interest, a statutory 10% penalty of $40, and postage. The
only dispute between the parties that remained was the calculation of interest.
2
Section 55.03, in turn, provides:
(1) On December 1, March 1, June 1, and September 1 of each year,
the Chief Financial Officer shall set the rate of interest that shall be
payable on judgments or decrees for the calendar quarter b...
...of Elections
v. Martin,
916 So. 2d 763, 768 (Fla. 2005).
We examine the plain language of both statutes in pari materia, to
determine the interplay between the two statutes. Section
627.736(4)(d)
requires that the interest rate be established by section
55.03 for the
quarter in which payment became overdue. Section
55.03(1) requires that
the Chief Financial Officer set the rate of interest quarterly. Subsection
55.03(3) then requires that the interest rate adjust annually on January 1
of each year until the judgment is paid....
...to Precision was $68.67, with an underpayment by Progressive of $4.17.
3
Precision is incorrect that the interest rate adjusts quarterly. While the
Chief Financial Officer sets the interest rate quarterly, section
55.03 only
provides for an already established interest rate to adjust annually, not
quarterly.
Progressive’s argument that the language in section
627.736(4)(d) “for
the quarter in which the payment became overdue” requires a fixed and
non-fluctuating interest rate is also incorrect....
...If the payment was still due as of January 1, the rate
would be adjusted to the rate in effect as of January 1. That rate would
remain in effect for the rest of the year, only to be readjusted again the
following January 1 if still due and owing. Other courts have calculated
interest due under section 55.03 using this methodology....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 12302, 1995 WL 688666
...f a single total sum adjudged to be due and owing. See Phillips v. Parrish,
585 So.2d 1038 (Fla. 1st DCA 1991). The amount awarded for prejudgment interest, like all other components of the ‘judgment’, automatically bears interest as provided by section
55.03, Florida Statutes. [[Image here]] Section
55.03, Florida Statutes, when applied to a judgment that contains an award of prejudgment interest, does not impermissibly compound interest on interest; rather it awards interest on a final judgment that remains unpaid after entry....
CopyPublished | Florida 3rd District Court of Appeal | 2007 WL 4124963
...Citing Commercial Union Insurance Co. v. Fallen,
603 So.2d 610 (Fla. 5th DCA 1992), Hartford then moved for an award of interest on the settlement proceeds from the dates they were paid to Vargas, calculated at the respective statutory interest rates under section
55.03, Florida Statutes (2006)....
...Fallen did not address whether a subrogated carrier is entitled to any interest on settlement funds after those funds have been paid by the tortfeasor to the injured worker, or, if so, whether such interest should be calculated at the statutory rate under section 55.03....
...as well. The problem in this case is that Hartford was awarded interest at the statutory post-judgment interest rate from the dates on which Vargas received the settlement funds from the tortfeasor until Hartford's pro rata share was determined. See § 55.03, Fla....
...Amendment to Rules Regulating the Fla. Bar Rule 5-1.1(e) IOTA,
797 So.2d 551, 552 (Fla.2001). And after the funds were transferred into accounts at various financial institutions, Vargas did not earn interest at rates equal to that imposed by section
55.03....
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 8848, 1990 WL 179051
HARRIS, Judge. Appellants appeal a final judgment awarding damages plus interest and costs to appellees. We find no merit in the issues raised on appeal except the calculation of interest. Section 55.03(1), Florida Statutes (1989) authorizes prejudgment interest at the rate of 12 percent per annum simple interest....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 17219, 2015 WL 7280167
...interest for the dependent Social Security Disability Insurance payments she owed
between October and December 2011. The former wife correctly points out that
Florida's Chief Financial Officer decreased the judgment interest rate from 6% to 4.75%
pursuant to section 55.03, Florida Statutes (2011), effective on October 1, 2011.
"Courts apply the statutory judgment interest rate from the date of loss or entitlement
under section 55.03 for purposes of calculation of [prejudgment] interest." Genser v.
Reef Condo....
CopyPublished | District Court of Appeal of Florida
...We think the fact that the decree adopted by reference the note and mortgage at issue, both of which identify the primary obligor, satisfactorily disposes of this contention. Finally, appellant argues that the court decreed a rate of interest from the date of the decree in excess of the six per cent prescribed by § 55.03, F.S.A....
CopyPublished | Florida 5th District Court of Appeal
...ied under section
627.739(2). See
Townsend v. R.J. Reynolds Tobacco Co.,
192 So. 3d 1223, 1229 (Fla. 2016) (noting that,
after examining a staff analysis of the enacting law, “[a]lthough it is not necessary to delve
into the legislative history of section
55.03(3), Florida Statutes (2010), because the
language is clear and unambiguous, the legislative history nevertheless confirms our
reading of the statute”); Diamond Aircraft Indus., Inc....
...ied under section
627.739(2). See
Townsend v. R.J. Reynolds Tobacco Co.,
192 So. 3d 1223, 1229 (Fla. 2016) (noting that,
after examining a staff analysis of the enacting law, “[a]lthough it is not necessary to delve
into the legislative history of section
55.03(3), Florida Statutes (2010), because the
language is clear and unambiguous, the legislative history nevertheless confirms our
reading of the statute”); Diamond Aircraft Indus., Inc....
CopyPublished | Florida 4th District Court of Appeal
calculated the pre- judgment interest in accord with section
55.03(3), Florida Statutes (2024), which provides
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3636
for interest on the attorneys’ fees. Fla.Stat. §
55.03, F.S.A., provides that all judgments bear interest
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 2256531, 2013 Fla. App. LEXIS 8298
...suant to Plaintiffs Motion for Entry of Final Judgment, IT IS ADJUDGED 1. That the Plaintiff, ADRIAN FRIDMAN, recovers from Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, the sum of $50,000.00, that shall bear interest, pursuant to Florida Statute § 55.03 for which let execution issue, notwithstanding the excess jury verdict rendered in this matter....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1313, 1985 Fla. App. LEXIS 14515
...order until the total amount of such value is paid. We reject their contention. A final order entered by the Comptroller, as head of the Department of Banking and Finance, is not the equivalent of a money judgment rendered by a court in this State. Section 55.03(1), Florida Statutes (1983), 5 upon which Jackman and Staudt rely, provides only that a “judgment or decree” shall bear interest....
...Perkins’ greater weighting (75 percent) of his "investment value” result in combination with his lesser weighting (25 percent) of the “adjusted book value” result (At T-123-131, Vol. II) and, therefore, the Department has accepted the Hearing Officer's Finding No. 21. . Section 55.03(1) provides: (1) A judgment or decree entered on or after October 1, 1981, shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation providing for interest at a le...
CopyPublished | Florida 4th District Court of Appeal
...subject matter of the controversy, namely the funds owed by Suntrust to
the judgment debtor. To that extent, the court did not have jurisdiction,
and the judgment is void.
Arrow contends that it is entitled to interest on the judgment pursuant
to section 55.03(2), Florida Statutes (2010), which provides for interest on
judgments for money damages, orders for judicial sale, and process or
writs directed to a sheriff for execution....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 5349, 1993 WL 153760
...It is well settled that interest on an award of attorney’s fees in a worker’s compensation proceeding runs from the time of entry of the award. Stone v. Jeffres,
208 So.2d 827, 830 (Fla.1968). 2 In Stone , the Florida Supreme Court reasoned that such an award was a “judgment” within the meaning of section
55.03, Florida Statutes, which provided that all “judgments and decrees” are to bear interest at the statutory rate....
CopyPublished | Florida 4th District Court of Appeal
...te’s conclusions under the abuse
of discretion standard.” In re Drummond,
69 So. 3d at 1057.
When no specific contractual provision provides the rate of interest to
be assessed on a judgment, the statute governing the interest on
judgments, section
55.03, Florida Statutes, sets the rate of interest. See
§
687.01, Fla. Stat. (2021); Genser v. Reef Condo. Ass’n,
100 So. 3d 760,
762 (Fla. 4th DCA 2012) (“Courts apply the statutory judgment interest
rate from the date of loss or entitlement under section
55.03 for purposes
of calculation of pre-judgment interest.”)....
CopyPublished | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 97, 1997 Fla. LEXIS 167, 1997 WL 93867
...torney fees, expenses, and distribution of residual funds were entered by the circuit court on July 13, 1995. Appellants argue that with the entry of those orders the court finalized the action, as we held in Kuhnlein II, and thereby made applicable section 55.03, Florida Statutes (1995). 2 Appellees respond that the circuit court’s orders were not a final money judgment and that section 55.03 does not apply to orders directing tax refunds....
...court order from the highest level of appeal and there is a factual demonstration that the refund has been unreasonably withheld from the taxpayer. We decide the issue in this ease by again noting that there is not a final money judgment. Therefore, section 55.03, Florida Statutes, does not apply in this case....
...It is so ordered. OVERTON, SHAW, GRIMES, HARDING and WELLS, JJ., concur. ANSTEAD, J., recused. . Section 319.321 imposed an impact fee of $295 on each original certificate of title issued for a motor vehicle previously titled outside of Florida. . Section 55.03(2), Florida Statutes, provides: Any process, writ, judgment, or decree which is directed to the sheriffs of the state to be dealt with as execution shall bear, on the face of the process, writ, judgment or decree, the rate of interest w...
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 1749, 1991 WL 27566
...ages as of a prior date. Argonaut Ins. Co. v. May Plumbing Co.,
474 So.2d 212 (Fla.1985). See also Travelers Indem. Co. v. Duffy’s Little Tavern, Inc.,
541 So.2d 689 (Fla. 5th DCA 1989). The matter of postjudgment interest is clearly controlled by section
55.03(1), Florida Statutes (1987), and also should have been awarded here....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 2623, 2003 WL 728888
...For that reason, they urge that the final summary judgment in their favor was appropriately entered. On the cross appeal, the appellees further maintain that they are entitled to prejudgment interest. They assert that they are entitled to it as a matter of right under section 55.03, Florida Statutes (2001), and where it was not otherwise expressly waived in the parties’ settlement agreement....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 2809, 2004 WL 384884
...Lastly, Coral Cadillac correctly argues that the rate of interest on the judgment must be corrected to reflect the 2002 statutory rate of 9%. See Amerace Corp. v. Stallings,
823 So.2d 110, 114 (Fla.2002) (interest does not accrue until the date of the judgment, not the verdict); see also §
55.03, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 3748, 2004 WL 574552
...by defendants in the enforcement of the agreement. SHAHOOD and TAYLOR, JJ., concur. . See §
687.01, Fla. Stat. (2003) (“In all cases where interest shall accrue without a special contract for the rate thereof, the rate is the rate provided for in s.
55.03.”); and §
55.03, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1982 Fla. App. LEXIS 19466
...t in the amount of $316,380.00. The city sought review without success at City of St. Petersburg, et al. v. Houghton,
382 So.2d 898 (Fla. 2d DCA 1980). In subsequent proceedings, appellant was awarded $30,142.65 for postjudgment interest pursuant to section
55.03, Florida Statutes (1979)....
...until the superior right of entitlement was asserted and established in the replevin action. The city cross-appeals and seeks either to vacate the entire postjudgment interest award or, in the alternative, to have it reduced to 8%, as prescribed by section 55.03, Florida Statutes (1979)....
...terest only applies to judgment in civil actions. We note in passing that the action for recovery of the money was a civil action for replevin after termination of all criminal charges and proceedings. Initially we note that the 1979 codification of section 55.03(1) was in full force and effect during the pendency of the first appeal and it provided: 1 All judgments and decrees bear interest at the rate of 6 percent a year, except that judgments or decrees rendered in circuit court shall bear in...
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19804
date of the original judgment as allowed by section
55.03, Florida Statutes (1979). AFFIRMED in PART,
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8189, 1992 WL 178956
...115 , 437 N.E.2d 764 (1st Dist.1982); Cervantes v. Ryan, 799 S.W.2d 111 (Mo.App.1990); Kirk v. Walter E. Deuchler Assoc., Inc., 96 Ill.App.3d 99 , 51 Ill.Dec. 566 , 420 N.E.2d 1124 (2d Dist.1981). . A money judgment automatically incurs interest pursuant to section 55.03, Florida Statutes (1991)....
CopyPublished | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 12891, 2008 WL 2901344
...ecovery of interest on attorney’s fees from the date the JCC ordered Herbert Contractors, Inc. and Claims Management, Inc., appellees, to provide specified benefits to appellant. Appellant argues that interest on attorney’s fees is payable under section 55.03, Florida Statutes (2006), from the date the JCC enters a compensation order....
...with any proceedings arising under this chapter, unless such fee, consideration or gratuity is approved by a Judge of Compensation Claims or by the Deputy Chief Judge of Compensation Claims. Appellant sought an award of interest on the authority of section 55.03, which provides for the payment of interest on civil judgments generally....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 28866
PER CURIAM. Paragraph six of the deputy’s order is modified to read: 6. Claimant’s attorney is entitled to interest from Employer at the rate of 12% per annum on the award made herein until paid (F.S. 55.03(1) (1981))....
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 7590, 1996 WL 396308
...sband. We remand for the trial court to correct its order ratifying the general master’s report to reflect the revised interest rate that applies to judgments obtained on or after January 1, 1995, for which interest predating said date is due. See § 55.03, Fla....
...rest to accrue is February 25,1994. The trial court ratified and approved the general master’s report. The statutory interest rate changed between 1994 and 1995. A judgment entered on or after October 1, 1981, was to bear interest at 12% per year. Section 55.03 was amended to tie the statutory interest rate to the average discount rate of the Federal Reserve Bank of New York as set by the Comptroller....
...Unlike a request for attorney’s fees, 1 nothing in the statute or case law requires any specific pleading by a movant for statutory interest. Recently, in Auto Owners Insurance Co. v. Clark,
676 So.2d 3, 4 (Fla. 4th DCA 1996), this court commented as follows: “Lastly, we point out that section
55.03(1), Florida Statutes (1993), requires that a judgment bear interest.” In Leenen v....
CopyPublished | Florida 3rd District Court of Appeal
...determination, even though the amount of the award has not yet been
determined”); Wood v. Unknown Pers. Representative of Est. of Burnette,
56 So. 3d 74, 76 (Fla. 2d DCA 2011) (stating that computation of
prejudgment interest is a purely ministerial duty); see also §
55.03, Fla.
Stat....
CopyPublished | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 59401, 2009 WL 2151302
...Paul actually paid all but $60,658.89 of the amount awarded within thirty days, on February 22, 2007, and it paid the remaining $60,658.89 on July 16, 2007. Consequently, St. Paul owes prejudgment interest only on the $60,658.89, and only from February 22 until July 16, 2007, in the amount of $2,614.04. See Fla. Stat. § 55.03 and http://www.fldfs.com/aadir/ interest.htm....
...es has yet been entered. (2) Jablonski is entitled to prejudgment interest on that portion of the appraiser's award that remained unpaid from February 22 until July 16, 2007, that is, $60,658.89, at the rate of 11%, totaling $2,614.04. See Fla.Stat. § 55.03 and http:// www.fldfs.com/aadir/interst.htm ....
CopyPublished | Florida 4th District Court of Appeal
...The plaintiff responds that the trial court correctly found that the appellate rule applied based on opinions interpreting the rule. We "review de novo a trial court's decision regarding judgment interest." R.J. Reynolds Tobacco Co. v. Evers ,
232 So.3d 457 , 465 (Fla. 2d DCA 2017). Our analysis begins with section
55.03(2), Florida Statutes (2008), which governs interest on judgments and provides in pertinent part that "[t]he rate of interest stated in the judgment accrues on the judgment until it is paid." §
55.03(2), Fla. Stat. Section
55.03(3) provides that "[t]he interest rate established at the time a judgment is obtained shall remain the same until the judgment is paid." Our courts have cited to section
55.03 in recognizing that generally, interest accrues from the date judgment is entered. See Amerace Corp. v. Stallings ,
823 So.2d 110 , 114 (Fla. 2002) (finding the plaintiffs were not entitled to interest from the date of the verdict, and observing that "the plain language of section
55.03......
...do so, and it opined that "the proper procedure in this case would have been to request that the court enter a judgment promptly after the verdict." Id. at 113-14 . The court asserted that its holding was "further bolstered by the plain language of section 55.03, Florida Statutes......
...tained in the original judgment regarding the accrual of interest and the interest rate. Reversed and remanded with instructions. Taylor and Conner, JJ., concur. At the time of the verdict, June 2011, a non-variable interest rate applied pursuant to section 55.03(3), Florida Statutes (2011)....
CopyPublished | Florida 4th District Court of Appeal
...The plaintiff responds
that the trial court correctly found that the appellate rule applied based
on opinions interpreting the rule. We “review de novo a trial court’s
decision regarding judgment interest.” R.J. Reynolds Tobacco Co. v.
Evers,
232 So. 3d 457, 465 (Fla. 2d DCA 2017).
Our analysis begins with section
55.03(2), Florida Statutes (2008),
which governs interest on judgments and provides in pertinent part that
“[t]he rate of interest stated in the judgment accrues on the judgment
until it is paid.” §
55.03(2), Fla. Stat. Section
55.03(3) provides that
“[t]he interest rate established at the time a judgment is obtained shall
remain the same until the judgment is paid.” Our courts have cited to
section
55.03 in recognizing that generally, interest accrues from the
date judgment is entered. See Amerace Corp. v. Stallings,
823 So. 2d
110, 114 (Fla. 2002) (finding the plaintiffs were not entitled to interest
from the date of the verdict, and observing that “the plain language of
section
55.03 ....
...ate of the verdict.
In Green v. Rety,
616 So. 2d 433, 434 (Fla. 1993), the Florida
Supreme Court addressed application of the rule in a case where the trial
1At the time of the verdict, June 2011, a non-variable interest rate applied
pursuant to section
55.03(3), Florida Statutes (2011)....
...requested the court to do so, and it opined that “the proper procedure in
this case would have been to request that the court enter a judgment
promptly after the verdict.” Id. at 113-14. The court asserted that its
holding was “further bolstered by the plain language of section 55.03,
Florida Statutes ....
CopyPublished | Florida 4th District Court of Appeal
...The plaintiff responds that the trial court correctly found that the appellate rule applied based on opinions interpreting the rule. We "review de novo a trial court's decision regarding judgment interest." R.J. Reynolds Tobacco Co. v. Evers ,
232 So.3d 457 , 465 (Fla. 2d DCA 2017). Our analysis begins with section
55.03(2), Florida Statutes (2008), which governs interest on judgments and provides in pertinent part that "[t]he rate of interest stated in the judgment accrues on the judgment until it is paid." §
55.03(2), Fla. Stat. Section
55.03(3) provides that "[t]he interest rate established at the time a judgment is obtained shall remain the same until the judgment is paid." Our courts have cited to section
55.03 in recognizing that generally, interest accrues from the date judgment is entered. See Amerace Corp. v. Stallings ,
823 So.2d 110 , 114 (Fla. 2002) (finding the plaintiffs were not entitled to interest from the date of the verdict, and observing that "the plain language of section
55.03......
...do so, and it opined that "the proper procedure in this case would have been to request that the court enter a judgment promptly after the verdict." Id. at 113-14 . The court asserted that its holding was "further bolstered by the plain language of section 55.03, Florida Statutes......
...tained in the original judgment regarding the accrual of interest and the interest rate. Reversed and remanded with instructions. Taylor and Conner, JJ., concur. At the time of the verdict, June 2011, a non-variable interest rate applied pursuant to section 55.03(3), Florida Statutes (2011)....
CopyPublished | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 558, 1996 WL 35264
...After a careful review of the order under appeal, it is apparent that the trial court has not properly calculated the post-judgment interest. Accordingly, this cause is reversed and remanded for a recalculation of post-judgment interest in accordance with the applicable interest rates as provided by section 55.03, Florida Statutes (Supp.1994)....
CopyPublished | Florida 4th District Court of Appeal
... ORDERED AND ADJUDGED that Indian River County
(Sheriff) shall recover from the Defendant damages of
$49,500.00, and State of Florida (DOC) shall recover from the
Defendant damages of $200,500.00 which shall bear interest
at the statutory rate pursuant to Section 55.03, Florida
Statutes, for all of which let execution issue.
(Emphasis added)....
CopyPublished | Supreme Court of Florida
...2.140(b)(1).
proposed amendments, the Court amends forms 1.996(a) and (b) as
proposed by the Committee. The more significant amendments are
discussed below.
First, in form 1.996(a) under paragraph “1. Amounts Due,” we
replace “7%” with “..........” to allow the judge to insert the interest
rate set by section 55.03, Florida Statutes (2023)....
...For
example, in paragraph “1. Amounts Due” after “TOTAL” we add the
phrase “That must bear interest at a rate of ………. per year.” As in
form 1.996(a), this will allow the judge to insert the interest rate set
-2-
by section 55.03....
CopyPublished | Florida 4th District Court of Appeal | 14 Fla. L. Weekly 212, 1989 Fla. App. LEXIS 116, 1989 WL 2038
...gment. The trial court determined that under the doctrine of sovereign immunity the county was not obligated to pay interest on the award. The municipalities appeal. We reverse and hold that the municipalities are entitled to post judgment interest. Section 55.03(1), Florida Statutes (1985) provides: A judgment or decree entered on or after October 1,1981, shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation providing...
CopyPublished | Supreme Court of Florida
...2.140(b)(1).
proposed amendments, the Court amends forms 1.996(a) and (b) as
proposed by the Committee. The more significant amendments are
discussed below.
First, in form 1.996(a) under paragraph “1. Amounts Due,” we
replace “7%” with “..........” to allow the judge to insert the interest
rate set by section 55.03, Florida Statutes (2023)....
...For
example, in paragraph “1. Amounts Due” after “TOTAL” we add the
phrase “That must bear interest at a rate of ………. per year.” As in
form 1.996(a), this will allow the judge to insert the interest rate set
-2-
by section 55.03....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 171, 1985 Fla. App. LEXIS 11836
...Accordingly, we affirm the trial court’s order allowing Jack McLean to recover the $5,100 on the promissory note. The trial court, however, erred in awarding interest on the judgment at the rate of twelve percent, since the note itself was payable on demand without interest. See § 55.03(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18452
annum from the date of April 2, 1981, pursuant to F.S.
55.03 and shall accrue at the same rate until paid
CopyPublished | Florida 5th District Court of Appeal | 2001 WL 108759
...r should instead be applied to interest so that the new arrearage, although the father has made all payments required of him by the 1992 order, is now $19,059.65. The court ordered that execution issue on this amount. We reverse. The court relied on section 55.03, Florida Statutes, for the assessment of interest....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6089
...Coggan, Fla.App.1966,
183 So.2d 839 , a case decided by this Court. Actually, however, the Coggan case is a perfect illustration of our view that interest, like the allowance of fees themselves, is a matter of permissible statute only. Coggan points out that F.S. Section
55.03, F.S.A., specifically provides that: “All judgments (and decrees) shall bear interest at the rate of six per cent per annum * * * But an award for attorneys fees in a workmen’s compensation claim by an administration agency is not a Court judgment or a Court decree; and there is no provision in the Compensation Law comparable to Section
55.03....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 1396, 2016 WL 403181
...Appellate Fee Judgment determining the exact amount due (December 10, 2014).
Finally, neither party contests that prejudgment interest, like all other sums
awarded, merges into the final judgment and accrues post-judgment interest in
accordance with section 55.03, Florida Statutes (2013)....
...was inaccurate, and thus the determined amount of post-judgment interest was
insufficient. “The amount awarded for prejudgment interest, like all other
5
components of the ‘judgment,’ automatically bears interest as provided by section
55.03.” Quality Engineered Installation, 670 So....
CopyPublished | Florida 4th District Court of Appeal | 2001 WL 194870
...The trial court denied his motion to compel DOT to pay interest for the period of the appeal proceedings while the money lay in the court registry. We reverse. We start with the rule that the judgment debtor owes post-judgment interest "from the date of judgment until payment." § 55.03, Fla.Stat....
CopyPublished | District Court, M.D. Florida | 2015 WL 846650
...In summary, the Court finds that American Home is due to be awarded $350 for the filing fee, and $5,719.26 in transcript costs — a total of $6,069.26 in costs. D. Prejudgment Interest American Home contends that it is entitled to an award of $73,893.93 in prejudgment interest pursuant to Fla. Stat. § 55.03 ....
...negligent property loss); Montage Grp., Ltd. v. Athle-Tech Computer Sys., Inc.,
889 So.2d 180, 199 (Fla.Dist.Ct.App.2004) (unjust enrichment). In the absence of a special contract for the rate, the applicable rate of interest is generally stated in §
55.03, Fla....
...fo.com/Division/AA/ Vendors/default.htm and http://www. myfloridacfo.com/Division/AA/Vendors/ JudgmentInterestRates.htm (last visited Oct. 9, 2014). Effective June 26, 2003 to June 30, 2011, the interest rate remained the same until paid. Fla. Stat. § 55.03 (3) (2003). Effective July 1, 2011 and currently, the interest rate adjusts annually on January 1 of each year until paid, and the rate is adjusted quarterly. Fla. Stat. § 55.03 (1, 3) (2011)....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 537494, 2014 Fla. App. LEXIS 1838
...The evidence indicates it was either 11% or 12% at some point in time.” Plaza’s accountant also testified, however, that at some point Plaza charged Jenkins 8% interest. It is unclear which interest rate was charged on which payment, and none of the interest rates used appear to be based upon section
55.03, Florida Statutes (2012). See §
687.01, Fla. Stat. (2012) (where an interest rate is not otherwise provided, the rate in section
55.03, Florida Statutes, should be used)....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 16539, 1999 WL 1115095
...Here, the Appellees breached the contract when they failed to refund the $1,958.25 on January 15, 1992, the date of termination. Therefore, the Lerners were entitled to their $1,958.25 deposit, plus prejudgment interest from that date, pursuant to section 55.03, Florida Statutes (1997)....
...rs their attorney’s fees and costs. Accordingly, we reverse and remand for the trial court to amend its final judgment and award the Lerners prejudgment interest on the $1,958.25 at the statutory rate, from January 15, 1992 until paid, pursuant to section 55.03, Florida Statutes (1997)....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...opinion on substantially the following question: Subsequent to January 1, 1995, may a judgment or decree rendered on a written contract or obligation providing for interest at a greater rate than the amount established by the Comptroller pursuant to section 55.03 , Florida Statutes (1994 Supp.), bear interest at the rate specified in such written contract or obligation? In sum: Subsequent to January 1, 1995, a judgment or decree rendered on a written contract or obligation providing for interest at a greater rate than the amount established by the Comptroller pursuant to section 55.03 , Florida Statutes (1994 Supp.), will bear interest at the rate specified in the written contract or obligation. Section 55.03 , Florida Statutes (1994 Supp.), provides that: On December 1 of each year beginning December 1, 1994, the Comptroller of the State of Florida shall set the rate of interest that shall be payable on judgments or decrees for the year beg...
...(e.s.) Thus, while the amendment establishes a procedure for the setting of a rate of interest payable on judgments or decrees, it leaves essentially intact the prior provision relating to interest rates established by written contracts or obligations. 1 Prior to its revision, section 55.03 , Florida Statutes 1993, provided that: A judgment or decree entered on or after October 1, 1981, shall bear interest at the rate of 12 percent a year unless the judgment or decree is rendered on a written contract or obligation providi...
...State of Florida[.] Nothing in the title to Chapter 94-239, Laws of Florida, indicates any intent to alter the rate of interest chargeable on written contracts that contain a provision setting forth an interest rate. 2 In this case, the amendment of section 55.03 , Florida Statutes (1994 Supp.), does not indicate that the Legislature intended to change the provisions relating to written contracts or obligations....
...4 Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Cf., s.
687.01 , Fla. Stat. (1994 Supp.), which states that "[i]n all cases where interest shall accrue without a special contract for the rate thereof, the rate is the rate provided for in s.
55.03 ." Chapter 687 regulates lending practices generally and, among other things, establishes usurious interest rates....
CopyPublished | District Court of Appeal of Florida
post-judgment interest runs from the date of judgment. §
55.03(3), Fla. Stat.; Amerace Corp. v. Stallings, 823
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17880
either the present or the prior version of Section
55.03, Florida Statutes (1977) which indicates in
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1731, 1986 Fla. App. LEXIS 9301
...We affirm the amended final judgment in all respects except for the computation of postjudgment interest. We remand the case with directions to correct the judgment to provide for postjudgment interest on the first mortgage at the rate of twelve per cent a year pursuant to section 55.03(1), Florida Statutes (1983)....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 8879, 1995 WL 497298
...f a single total sum adjudged to be due and owing. See Phillips v. Parrish,
585 So.2d 1038 (Fla. 1st DCA 1991). The amount awarded for prejudgment interest, like all other components of the ‘judgment’, automatically bears interest as provided by section
55.03, Florida Statutes. * * ⅜ Section
55.03, Florida Statutes, when applied to a judgment that contains an award of prejudgment interest, does not impermissibly compound interest on interest; rather it awards interest on a final judgment that remains unpaid after entry.”
605 So.2d at 1332 ....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5167
...with interest from the date of the judgment to the present. The circuit court ordered the defendant to pay interest on the judgment from the date of the judgment to the date of the initial tender, May 20, 1964. *193 The plaintiff contends that under § 55.03, Fla.Stat., F.S.A., 4 he is entitled to interest on the judgment to the present time in the absence of a valid tender, and that a check in the amount of the judgment without interest containing a release of plaintiff’s claim is not a valid tender....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16118
...ax years 1966 through 1971. The sole issue involved in this appeal is whether the trial court erred because it awarded the appellees interest on the tax refund from the dates of payment to the date of judgment, at the rate of interest established by Section 55.03, Florida Statutes (1979) 1 ....
...It seems inequitable that a taxpayer can be charged interest and penalties in considerable amounts by the State if he fails to pay a tax 2 , yet if the taxpayer pays the excessive amount of taxes demanded by the State, under protest, he cannot recover interest from the date of payment even at the modest rates set by Section 55.03....
...Since there is no equitable or statutory basis to affirm the award of interest on the refunds from the date of payment by the taxpayer, we reverse that portion of the lower court’s order. REVERSED IN PART. COBB, UPCHURCH and SHARP, JJ., concur. . Section 55.03 provides: “All judgments and decrees bear interest at the rate of 6 percent a year, except that judgments or decrees rendered in circuit courts shall bear interest at the rate of 8 percent a year unless the judgment or decree is rende...
...n contract or obligation.” (Effective October 1, 1977). Chapter 77-354, § 8, Laws of Fla. provides: “This act does not apply to any judgment or decree granting recovery with respect to an action filed prior to the effective date of this act.” Section 55.03, prior to its amendment in 1977, provided that all judgments bear interest at the rate of 6 percent a year....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5803
circumstances should be that fixed and prescribed by §
55.03, Fla.Stat., F.S.A., to wit: 6% per year. Therefore
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 167829
...On remand, the trial court should calculate the prejudgment interest due Red Reef on the damages awarded in the final judgment. See Argonaut Ins. Co. v. May Plumbing Co.,
474 So.2d 212 (Fla. 1985). Further, the final judgment should provide that the damages accrue post-judgment interest as set forth in section
55.03, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2015 WL 1578537
...Dill of Morgan
& Morgan, Orlando, for Appellee.
ROBERTS, J.
The Appellant, R. J. Reynolds Tobacco Company, appeals an order entered
by the trial court that denied its motion to determine the interest rate payable on
judgment. The Appellant argued that the 2011 amendment to section 55.03 applied
to any post-judgment interest accrued after the date the 2011 amendment became
effective. The trial court disagreed and found that the 2010 version of section 55.03
in place at the time of the final judgment was entered provided that the 2010 post-
judgment rate would apply until the judgment was satisfied....
...ne the rate of interest
payable on the judgment. The Appellant argued that the rate of post-judgment
interest that should apply to the interest accrued after the effective date of the 2011
2
amendment to section 55.03 should be the interest provided for in that amendment.
On August 15, 2014, the trial court entered an order denying the Appellant’s motion
and found that the 2011 amendment to the interest rate statute did not contain any
language indicating a clear intent for its provision to apply to judgments entered
prior to its enactment.
II. HISTORY OF THE STATUTE
To understand the Legislature’s purpose in amending section 55.03, it is
necessary to examine the history of the statute....
...hich is directed to the
sheriffs of the state to be dealt with as execution shall bear, on the face
of the process, writ, judgment, or decree, the rate of interest which it
shall accrue from the date of the judgment until payment.
§ 55.03, Fla....
...or decree indicates the rate of interest. For purposes of this subsection,
if the process, writ, judgment, or decree refers to the statutory rate of
interest described in subsection (1), such reference shall be deemed to
indicate the rate of interest.
§ 55.03(3) & (4), Fla....
...and shall apply
the rate set by the Chief Financial Officer for time periods after January
1, 1995, for which interest is due. Nothing contained herein shall affect
a rate of interest established by written contract or obligation.
§ 55.03(1), Fla. Stat. (2003). Subsection three remained the same. § 55.03(3),
Fla....
...The statute was most recently amended in 2011. The Legislature amended
subsection three to provide that the interest rate would fluctuate annually. This
amendment took effect on July 1, 2011, and that version remains in effect currently.
As amended in 2011, section 55.03 now provides that:
(1) On December 1, March 1, June 1, and September 1 of each year, the
Chief Financial Officer shall set the rate of interest that shall be payable
on judgments or decrees for the calendar quarter be...
...judgment, or decree indicates the rate of interest. For purposes of this
subsection, if the process, writ, judgment, or decree refers to the
statutory rate of interest described in subsection (1), such reference
shall be deemed to indicate the rate of interest.
§ 55.03, Fla....
...2d 576, 578 (Fla. 1st DCA 2008). The
language at issue here is in subsection three of the 2010 version of the statute, which
provides that “the interest rate established at the time a judgment is obtained shall
remain the same until the judgment is paid.” § 55.03(3), Fla....
...specified in such written contract or
obligation.”
Id. at n.4.
8
Additionally, in Beverly Enterprises v. Spilman, the Fifth District Court of
Appeal examined whether the 1994 amendment to section 55.03 applied to
judgments entered before the effective date of the amendment....
...due and shall apply the rate set by the Comptroller for time periods
after January 1, 1995, for which interest is due. Nothing contained
herein shall affect a rate of interest established by written contract or
obligation.
Id. (quoting § 55.03(1), Fla....
...9
judgments entered on or after its effective date. Id. Because the judgment in
question was entered before that date, the court held it did not apply. Id.
Unlike the 1980, 1981, and 1994 versions of the statute, the 2011 version of
section 55.03 does not specifically state that it only applied to judgments entered
after its effective date....
...until the 2011 amendment’s effective date. However, on July 1, 2011, the 2011
amendment’s effective date, the Appellant no longer had a vested right in the post-
judgment interest rate that was previously in place.
Because the 2011 amendment to section 55.03 did not provide any language
limiting its application to judgments entered after its effective date and because the
Appellant did not have a vested right in the prior version’s interest rate after the
effective date of the amendmen...
...with instructions for the trial court to apply the 2011 amendment’s interest rate to
interest accrued after July 1, 2011.
However, recognizing that this raises an issue of great public importance, we
certify the following question:
DOES THE LANGUAGE OF SECTION 55.03(3), FLORIDA
STATUTES (1998), PROVIDE THAT THE LEGISLATURE
INTENDED TO ABANDON THE COMMON LAW RULE THAT
POST-JUDGMENT INTEREST RATES CHANGE ON EXISTING
JUDGMENTS WHEN THE LEGISLATURE CHANGES THE
RATES SUCH THAT THE 2011 AMENDMENTS TO SECTION
55.03, FLORIDA STATUTES DO NOT APPLY TO A JUDGMENT
ENTERED PRIOR TO JULY 1, 2011?
REVERSED and REMANDED.
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BILBREY, J., CONCURS; SWANSON, J., DISSENTING in part and
CONCURRING in part...
...t.
When the trial court entered the final judgment for appellee in April 2010, the
applicable statute provided that “[t]he interest rate established at the time a judgment
is obtained shall remain the same until the judgment is paid.” § 55.03(3), Fla....
...It is undisputed that the interest rate in April 2010 was six percent.
Accordingly, under the plain language of the statute, appellee is entitled to post-
judgment interest at the fixed rate of six percent until the final judgment is paid in
full.
Effective July 1, 2011, section 55.03(3) was amended to provide that “[t]he
interest rate is established at the time a judgment is obtained and such interest rate
shall be adjusted annually on January 1 of each year in accordance with the interest
rate in effect on that date as set by the Chief Financial Officer” until the judgment is
paid....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 216, 2010 Fla. LEXIS 568, 2010 WL 1488111
...whose principal address is [insert Tenant’s address], the sum of $_ with costs in the sum of sum of $_, making a total of $_, that shall bear interest at the rate of 12⅞ a year for which let execution-now- issuelegal rate established pursuant to section 55.03, Florida Statutes, FOR WHICH LET EXECUTION NOW ISSUE....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 3497
...f a single total sum adjudged to be due and owing. See Phillips v. Parrish,
585 So.2d 1038 (Fla. 1st DCA 1991). The amount awarded for prejudgment interest, like all other components of the “judgment”, automatically bears interest as provided by section
55.03, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16550
argument by the parties will permit no higher rate. § 55.-03(1), Florida Statutes; §
687.01, Florida Statutes;