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Masney Auto Transport, Inc. v. Shipper's Transport Co.

Citations: 59 So. 3d 357; 2011 Fla. App. LEXIS 6040; 2011 WL 1597673Docket: No. 5D10-1216

Court: District Court of Appeal of Florida; April 29, 2011; Florida; State Appellate Court

Narrative Opinion Summary

Masney Auto Transport, Inc. successfully obtained a judgment against Shipper’s Transport Company and is appealing two specific orders from the trial court. First, Masney contends that the trial court erred by striking its claim for prejudgment interest on the jury-awarded damages of $155,399.00 for past, out-of-pocket lost profits, referencing the precedent set in Bosem v. Musa Holdings, Inc. The appellate court agrees with Masney on this point and reverses the trial court's order regarding prejudgment interest. However, the court affirms the trial court's denial of Masney’s motion for attorney’s fees related to Shipper’s refusals to admit certain requests for admissions, providing no further discussion on this matter. The final decision is to affirm in part and reverse in part, with Judges Griffin, Sawaya, and Orfinger concurring.

Legal Issues Addressed

Attorney's Fees Related to Refusals to Admit

Application: The appellate court affirmed the trial court's denial of Masney’s motion for attorney’s fees related to Shipper’s refusals to admit certain requests for admissions.

Reasoning: However, the court affirms the trial court's denial of Masney’s motion for attorney’s fees related to Shipper’s refusals to admit certain requests for admissions, providing no further discussion on this matter.

Prejudgment Interest on Jury-Awarded Damages

Application: The appellate court reversed the trial court's decision to strike Masney's claim for prejudgment interest on the jury-awarded damages for past, out-of-pocket lost profits.

Reasoning: Masney contends that the trial court erred by striking its claim for prejudgment interest on the jury-awarded damages of $155,399.00 for past, out-of-pocket lost profits, referencing the precedent set in Bosem v. Musa Holdings, Inc. The appellate court agrees with Masney on this point and reverses the trial court's order regarding prejudgment interest.