Fischbach & Moore, Inc. v. McBro, Div. of McCarthy Bros. Co.

Decision Date04 May 1993
Docket NumberNo. 92-1848,92-1848
Citation619 So.2d 324
Parties18 Fla. L. Week. D1155 FISCHBACH & MOORE, INC., Appellant, v. McBRO, a DIVISION OF McCARTHY BROTHERS COMPANY, Appellee.
CourtFlorida District Court of Appeals

Pershes & Schwartz, Coral Springs, for appellant.

Foley & Lardner and Robert Rivas and Thomas F. Munro, II, West Palm Beach, for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.

PER CURIAM.

Appellant/cross-appellee, Fischbach & Moore (F & M), appeals the trial court's amended final judgment denying post-judgment interest. Appellee/cross-appellant, McBro, requests this court to revisit its decision in McBRO v. Fischbach & Moore, 576 So.2d 1360 (Fla. 3d DCA 1991) (McBRO I ), which affirmed the trial court's partial summary judgment in favor of F & M for attorneys fees it incurred in an arbitration proceeding.

An appellate court has the power to reconsider and reverse a previous ruling that has become the "law of the case" when convinced, on a subsequent appeal of the same case, that its original pronouncement of the law was erroneous. Escambia County Council on Aging v. Goldsmith, 500 So.2d 626 (Fla. 1st DCA 1986). However, reconsideration of a case should never be allowed when it would amount to nothing more than a second appeal on a question determined in the first appeal. Strazzulla v. Hendrick, 177 So.2d 1, 4 (Fla.1965). Here, McBro is seeking a second appeal of a question already determined by this court in McBRO I. As we are unconvinced that our decision in McBRO I was erroneous, it remains the "law of the case," and we, therefore, affirm.

F & M contends that the trial court erred in denying post-judgment interest from June 12, 1990, the date the court awarded it attorney's fees. We agree. The court based its amended final judgment on Department of Transportation v. Brouwer's Flowers, Inc., 600 So.2d 1260 (Fla. 2d DCA 1992). In that case, the second district found "no statutory authority for entitlement to interest on attorney's fees in eminent domain cases before the trial court's determination of the amount of attorney's fees." Id. at 1261. We find that the Brouwer's Flowers decision is limited to eminent domain cases, especially in light of cases such as Tallahassee Memorial Regional Medical Center v. Poole, 547 So.2d 1258 (Fla. 1st DCA 1989), review denied, 558 So.2d 19 (Fla.1990) and Inacio v. State Farm Fire & Cas. Co., 550 So.2d 92 (Fla. 1st DCA 1989), rejected on other grounds, Sonara v. Star Casualty Ins. Co., 603 So.2d 661 (Fla. 3d DCA 1992), which hold that for purposes of assessing post-judgment interest, a claim becomes liquidated...

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10 cases
  • Lipsig v. Ramlawi
    • United States
    • Florida District Court of Appeals
    • March 29, 2000
    ...to interest when a verdict or court decision has the effect of fixing entitlement ... [.]" Fischbach & Moore, Inc. v. McBro, Div. of McCarthy Bros. Co., 619 So.2d 324, 325 (Fla. 3d DCA 1993). Thus, we agree with Ramlawi and remand for the trial court to award post-judgment interest as to ve......
  • Waddell v. L.V.R.V. Inc.
    • United States
    • Nevada Supreme Court
    • January 19, 2006
    ...at 545. 30. See, e.g., Isaacson Structural Steel Co. v. Armco Steel, 640 P.2d 812, 818 (Alaska 1982); Fischbach & Moore, Inc. v. McBro, 619 So.2d 324, 324-25 (Fla.Dist.Ct.App.1993); Nardone v. Patrick Motor Sales, Inc., 46 Mass.App.Ct. 452, 706 N.E.2d 1151, 1152 (1999); Parker v. I & F Insu......
  • Schmid Constr. v. R.E. Yates Elec.
    • United States
    • U.S. District Court — Middle District of Florida
    • February 22, 2023
    ... SCHMID CONSTRUCTION, INC., Plaintiff, v. R.E. YATES ELECTRIC, INC., ... not determined until a later date.); Fischbach ... & Moore, Inc. v. McBro, 619 So.2d 324, ... ...
  • Okun v. Litwin Securities, Inc.
    • United States
    • Florida District Court of Appeals
    • February 8, 1995
    ...and Braunstein judgment from May of 1994, and will continue to do so until Litwin satisfies same. See Argonaut; Fischbach & Moore, Inc. v. McBro, 619 So.2d 324 (Fla. 3d DCA 1993) (post judgment interest on fee award proper from date court determined fee award was proper). See and compare We......
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