FEDERATED NATIONAL INSURANCE COMPANY v. BOCINSKY (2022)

ON MOTION FOR REHEARING, CLARIFICATION, AND/OR CERTIFICATION

We deny Appellee's motion for rehearing, clarification, and/or certification, but sua sponte withdraw our opinion dated December 17, 2021, and issue the following opinion in its place:

Federated National Insurance Company (“FedNat”) timely appeals the final judgment rendered by the trial court that ordered it to pay prejudgment interest under section 627.70131(5)(a), Florida Statutes (2017), to the Appellee, its insured. FedNat raises several arguments for reversal, one of which we find to be dispositive.¹ Because the verdict returned by the jury after trial did not award the insured a fixed amount of damages, the trial court erred in entering the final judgment awarding interest. See Citizens Prop. Ins. v. Nunez, 194 So. 3d 1064, 1069 (Fla. 2d DCA 2016) (“A claim becomes liquidated and susceptible of bearing prejudgment interest when a jury verdict has the effect of fixing the amount of damages.” (quoting Berloni S.p.A. v. Della Casa, LLC, 972 So. 2d 1007, 1011 (Fla. 4th DCA 2008))); Sack v. Bamberg, 81 So. 3d 610, 611 (Fla. 3d DCA 2012) (“We affirm the trial court's denial of prejudgment interest in this case as no damages were awarded in Plaintiff's favor.”).

Accordingly, we reverse the final judgment ordering FedNat to pay interest and instruct the trial court to enter an amended final judgment in favor of FedNat and against the insured on the prejudgment interest claim.

REVERSED and REMANDED, with instructions.

FOOTNOTES

1.   We therefore find it unnecessary to address the other grounds raised by FedNat for reversal.

PER CURIAM.

LAMBERT, C.J., EDWARDS, J., and DUCKWORTH, B.F., Associate Judge, concur.