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477 So. 2d 31

477 So.2d 31

10 Fla.L.Weekly 2362

Docket No. BA-169.

Cooper v. Alford

Wendy M.L. COOPER, As Personal Representative of the Estate of William T. Cooper, Deceased, Appellant, v. Angie ALFORD, Appellee.

District Court of Appeal of Florida

Decided October 17, 1985.

District Court of Appeal of Florida · decided 1985-10-17

Relies on 474 So. 2d 212 - Argonaut Ins. Co. v. May Plumbing Co. · 78 So. 2d 873 - Parker v. Brinson Construction Company

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-17

How this case has been cited

Cited by 5 later decisions — most recently January 2003

1 federal appellate · 3 state decisions

30198519902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1George E. Day, Ft. Walton Beach, for appellant.

¶2Siegfried Kessler of Smith, Grimsley, Remington & Kessler, Ft. Walton Beach, for appellee.

¶3THOMPSON, Judge.

¶4This is an appeal from an amended final judgment entered in appellant's favor ordering the disbursement of funds. Appellant contends that the trial court erred in finding that interest commenced to run on the money judgment from the date this court finally determined which party was entitled to recover the liquidated sum. We agree.

¶5The original dispute was a contract action. In an action ex contractu, interest runs from the date a liquidated debt is due. This is so even if there exists an honest dispute as to whether the debt was in fact due. Once it is finally determined the debt was due, the person to whom it was owed is entitled to payment of the principal plus interest from the due date. Parker v. Brinson Construction Co.,78 So.2d 873 (Fla. 1955).

¶6When a claim is liquidated, as in the instant case, interest is merely another element of pecuniary damages. The purpose in awarding such interest is to compensate a party for deprivation of property. Once damages and liability are established, a party is to be made whole. Argonaut Insurance Co. v. May Plumbing Co., et al.,474 So.2d 212 (Fla. 1985).

¶7The appellant, however, claims interest only from the date of the original judgment in the lower court. The amended judgment appealed is therefore modified to *32 provide that the appellant is entitled to interest from the date of the original lower court judgment and, as modified, the judgment is affirmed.

¶8MILLS and SMITH, JJ., concur.

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