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539 So. 2d 8

Docket No. 88-526.

Thomas v. Toth

James R. THOMAS and Judith A. Thomas, Husband and Wife, Appellants, v. Louis R. TOTH and Nora S. Toth, Appellees.

District Court of Appeal of Florida

Decided February 24, 1989.

District Court of Appeal of Florida · decided 1989-02-24

Relies on 474 So. 2d 212 - Argonaut Ins. Co. v. May Plumbing Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-24

How this case has been cited

Cited by 10 later decisions — most recently July 2016

10 state decisions

601989199020002010decided

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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¶1Michael R.N. McDonnell of McDonnell Trial Lawyers, Naples, for appellants.

¶2Vincent Murphy of Murphy Law Firm, Naples, for appellees.

¶3RYDER, Acting Chief Judge.

¶4James and Judith Thomas appeal a final judgment which awarded them damages and costs but denied their claim for prejudgment interest prior to the date of the filing of their complaint. We affirm the judgment, but remand to the trial court for *9 entry of an award of prejudgment interest to be calculated from the date of closing.

¶5On July 18, 1985, appellants filed a complaint against appellees alleging that they suffered damages as a result of appellees' nondisclosure of material facts regarding the condition of real property appellants purchased from appellees on July 9, 1982. Subsequently, a jury returned a verdict for appellants. In the final judgment, the trial court awarded appellants prejudgment interest on the judgment, but ordered the interest to be calculated from the date appellants filed their complaint. Appellants argue that the trial court should have awarded the prejudgment interest to be calculated from the date of closing on the real property. We agree.

¶6Under Argonaut Insurance Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985), where a verdict liquidates damages as of a date certain on a plaintiff's out-of-pocket, pecuniary losses, the plaintiff is entitled to prejudgment interest from the date of loss. In this case, appellants suffered their loss when they paid for the property and title was transferred. Therefore, we reverse and remand with instructions to enter an amended final judgment awarding appellants prejudgment interest from the date of closing.

¶7AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

¶8LEHAN and PARKER, JJ., concur.

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