Mission Square, Inc. v. O'Malley's, Inc., No. 1D00-257.

CourtCourt of Appeal of Florida (US)
Writing for the CourtKAHN, J.
Citation783 So.2d 1151
PartiesMISSION SQUARE, INC., Appellant, v. O'MALLEY'S, INC. d/b/a O'Malley's Bar and Tavern, Appellee.
Docket NumberNo. 1D00-257.
Decision Date10 April 2001

783 So.2d 1151

MISSION SQUARE, INC., Appellant,
v.
O'MALLEY'S, INC. d/b/a O'Malley's Bar and Tavern, Appellee

No. 1D00-257.

District Court of Appeal of Florida, First District.

April 10, 2001.

Rehearing Denied May 17, 2001.


Koko Head of Koko Head, P.A., Jacksonville, and Rutledge R. Liles and R. Kyle Gavin of Liles, Gavin and Costantino, Jacksonville, for Appellant.

David L. Thompson, Jacksonville, for Appellee.

KAHN, J.

We have for review a final judgment awarding damages to appellee O'Malley's, Inc. The dispute arose out of a commercial lease under which appellant Mission Square was the lessor and O'Malley's was the tenant. We affirm the judgment with

783 So.2d 1152
the exception of the court's award of prejudgment interest on future damages

O'Malley's lease contained an exclusivity provision that prohibited the landlord from leasing to any other tenants who were in the bar or restaurant business without first obtaining O'Malley's written consent. The evidence below is undisputed that O'Malley's did not provide such consent for the tenant in question, Hala Café. None of the issues raised by appellant warrant reversal of the jury's finding of liability in favor of O'Malley's. Accordingly, we affirm the judgment of liability.

We reverse, however, the court's award of prejudgment interest on future damages. The jury's verdict in this case relied upon certain expert testimony to award damages attributable to diminution in the value of O'Malley's leasehold interest that would occur over many years in the future. The expert calculated the total future damages award and then reduced that amount to present value. In entering final judgment, the trial judge added to the figure representing present value of future damages an amount for prejudgment interest at the statutory rate.

Seeking to affirm this result, appellee relies upon cases such as Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla.1985) and Underhill Fancy Veal, Inc. v. Padot, 677 So.2d 1378 (Fla. 1st DCA 1996). In Argonaut, the court noted, "wherever a verdict liquidates a claim and fixes it as of a prior date, interest should follow from that date." 474 So.2d at 214 (quoting Sullivan v. McMillan, 37 Fla. 134, 19 So. 340 (1896)). Padot observed that courts recognize two prerequisites to the award of prejudgment interest on damages: (1) out-of-pocket pecuniary loss, and (2) a fixed date of loss. See Padot, 677 So.2d at 1380.

These general rules do not dictate that future...

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3 practice notes
  • Brough v. Imperial Sterling Ltd., No. 01-14195.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • July 16, 2002
    ...and then provides an appropriate interest rate for discounting those damages to present value." Mission Square, Inc. v. O'Malley's, Inc., 783 So.2d 1151, 1152 (Fla. 1st Dist.Ct. App.2001). There is no requirement, however, that a party introduce expert testimony to aid a jury in its determi......
  • Nova S.E. Univ. Of Health Sci. v. Sharick, No. 3D08-2507.
    • United States
    • Court of Appeal of Florida (US)
    • August 26, 2009
    ...also agree that no such interest was proper in this case as to the loss of future earnings. See Mission Square, Inc. v. O'Malley's, Inc., 783 So.2d 1151, 1152 (Fla. 1st DCA 2001) (finding that prejudgment interest is not recoverable where a judgment awards the present value of lost future d......
  • Wilcox v. State, No. 1D99-4625.
    • United States
    • Court of Appeal of Florida (US)
    • April 10, 2001
    ...686 So.2d 680, 681 (Fla. 1st DCA 1996), attempted sexual battery is "a crime under section 794.011(2), Florida Statutes, as modified 783 So.2d 1151 by the `attempt' statute, section 777.04, Florida Statutes." To the extent Lee v. State, 766 So.2d 374 (Fla. 1st DCA 2000), holds otherwise, we......
3 cases
  • Brough v. Imperial Sterling Ltd., No. 01-14195.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • July 16, 2002
    ...and then provides an appropriate interest rate for discounting those damages to present value." Mission Square, Inc. v. O'Malley's, Inc., 783 So.2d 1151, 1152 (Fla. 1st Dist.Ct. App.2001). There is no requirement, however, that a party introduce expert testimony to aid a jury in its determi......
  • Nova S.E. Univ. Of Health Sci. v. Sharick, No. 3D08-2507.
    • United States
    • Court of Appeal of Florida (US)
    • August 26, 2009
    ...also agree that no such interest was proper in this case as to the loss of future earnings. See Mission Square, Inc. v. O'Malley's, Inc., 783 So.2d 1151, 1152 (Fla. 1st DCA 2001) (finding that prejudgment interest is not recoverable where a judgment awards the present value of lost future d......
  • Wilcox v. State, No. 1D99-4625.
    • United States
    • Court of Appeal of Florida (US)
    • April 10, 2001
    ...686 So.2d 680, 681 (Fla. 1st DCA 1996), attempted sexual battery is "a crime under section 794.011(2), Florida Statutes, as modified 783 So.2d 1151 by the `attempt' statute, section 777.04, Florida Statutes." To the extent Lee v. State, 766 So.2d 374 (Fla. 1st DCA 2000), holds otherwise, we......

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