From Casetext: Smarter Legal Research

Fisher v. Ackerman

District Court of Appeal of Florida, Second District
Nov 12, 1999
744 So. 2d 582 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-03733.

Opinion filed November 12, 1999.

Appeal from the Circuit Court for Lee County; Lynn Gerald, Jr., Judge.

Gerald W. Pierce of Henderson, Franklin, Starnes Holt, P.A., Fort Myers, for Appellant/Cross-Appellee.

Thomas W. Franchino of Thomas W. Franchino, P.A., Naples, for Appellees-Cross-Appellants Ackerman.

No appearance for remaining parties.


Leigh M. Fisher, P.A., defendant in an action for legal malpractice, appeals a final judgment entered against it after jury trial. The Ackermans, plaintiffs in that action, cross appeal based on the trial court's failure to award prejudgment interest in the final judgment. We affirm the final judgment in all respects except one. Because the verdict in this case liquidated damages as of a date certain, the Ackermans were entitled to an award of prejudgment interest. See Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985). We therefore remand to the trial court for entry of an award of prejudgment interest.

Affirmed in part; reversed in part and remanded.

CAMPBELL, A.C.J., and SALCINES, J., Concur.


Summaries of

Fisher v. Ackerman

District Court of Appeal of Florida, Second District
Nov 12, 1999
744 So. 2d 582 (Fla. Dist. Ct. App. 1999)
Case details for

Fisher v. Ackerman

Case Details

Full title:LEIGH M. FISHER, P.A., Appellant/Cross-Appellee, v. GARY D. ACKERMAN and…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 12, 1999

Citations

744 So. 2d 582 (Fla. Dist. Ct. App. 1999)

Citing Cases

Amerace Corporation v. Stallings

Once a jury has fixed the amount of a plaintiff's damage by its verdict, the plaintiff is entitled to…

Kirk v. Ford

a claimant relying upon an oral agreement of sale or exchange must present evidence of the same that is…