Bosem v. Musa Holdings, Inc.

Summary

The Supreme Court of Florida held that prejudgment interest is a matter of right under Florida's loss theory of recovery when damages are wholly pecuniary and fixed as of a definite time. The court concluded that lost profits awarded for the unauthorized use of the plaintiff's likeness were eligible for prejudgment interest, even though the amount was determined by the trial court and characterized as unliquidated. The court quashed the Fourth District Court of Appeal's decision reversing the interest award.

Holdings

1. Under Florida's loss theory, prejudgment interest is a matter of right on wholly pecuniary damages that can be fixed as of a definite time, including lost-profit damages, once the factfinder determines the amount of damages and the defendant's liability.
2. The characterization of damages as unliquidated does not defeat prejudgment interest under the loss theory when the loss is wholly pecuniary and can be fixed as of a definite time.
3. The Fourth District incorrectly reversed the trial court's award of prejudgment interest on Bosem's lost-profit damages.

Questions Presented

1. Whether Florida law permits prejudgment interest on an award of lost profits when the amount of damages is determined by the trial judge in the final judgment.
2. Whether the loss theory of prejudgment interest applies to wholly pecuniary lost-profit damages even if those damages were characterized as unliquidated before judgment.
3. Whether the Fourth District's decision conflicted with Argonaut Insurance Co. v. May Plumbing Co.

Disposition

quashed