You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Federal Kemper Life Assurance Co. v. Smith

Citations: 642 So. 2d 853; 1994 Fla. App. LEXIS 9490Docket: Nos. 93-0748, 93-1598

Court: District Court of Appeal of Florida; October 5, 1994; Florida; State Appellate Court

Narrative Opinion Summary

The court affirms both the appeal and cross-appeal, acknowledging an error in the trial court’s decision to award interest on prejudgment interest. Consequently, the court reverses this specific point and remands the case for correction of the final judgment. Reference is made to the case Central Constructors, Inc. v. Spectrum Contracting Co. for precedent. The decision is affirmed in part, reversed in part, and remanded for further action. Judges HERSEY, STONE, and KLEIN concur with the ruling.

Legal Issues Addressed

Appellate Review and Remand

Application: The appellate court affirmed parts of the trial court’s decision, reversed the specific error related to prejudgment interest, and remanded the case for correction of the final judgment.

Reasoning: The decision is affirmed in part, reversed in part, and remanded for further action.

Award of Prejudgment Interest

Application: The appellate court identified an error in the trial court’s decision to award interest on prejudgment interest and reversed this specific point, remanding the case for correction.

Reasoning: The court affirms both the appeal and cross-appeal, acknowledging an error in the trial court’s decision to award interest on prejudgment interest.

Precedent in Judicial Decision

Application: The opinion references a previous case, Central Constructors, Inc. v. Spectrum Contracting Co., to support its decision.

Reasoning: Reference is made to the case Central Constructors, Inc. v. Spectrum Contracting Co. for precedent.