HDE, Inc. v. Bee-Line Supply

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED HDE, INC., Appellant/Cross-Appellee, v. Case No. 5D15-2805 BEE-LINE SUPPLY COMPANY, INC., ET AL., Appellees/Cross-Appellants. ________________________________/ Opinion filed October 10, 2016 Appeal from the Circuit Court for Seminole County, Michael J. Rudisill, Judge. Atheseus R. Lockhart and Nicole C. Jackson, of Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Longwood, for Appellant/Cross-Appellee. Jim McCrae and J. Keith Ramsey, of Holland & Knight LLP, Orlando, for Appellee/Cross-Appellant, Bee-Line Supply Company, Inc. No Appearance for other Appellees/CrossAppellants. PER CURIAM. We affirm the trial court’s order awarding attorney’s fees to Bee-Line Supply Company, Inc. However, as Bee-Line concedes, the prejudgment interest awarded on the amount of the attorney’s fees should have been assessed from the date of the order confirming the arbitration award, June 18, 2013, which determined Bee-Line’s entitlement to fees, not March 9, 2011, the date of the arbitration award; and the amount of prejudgment interest should have been calculated on the amount of the award and included in the judgment to bear post-judgment interest on the full amount. See Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929, 930-31 (Fla. 1996); Dean Witter Reynolds, Inc. v. Wood, 676 So. 2d 464, 466 (Fla. 5th DCA 1996). Accordingly, we remand only for the proper calculation of the prejudgment interest.1 AFFIRMED in part, REVERSED in part, and REMANDED with instructions. ORFINGER and BERGER, JJ., and CRAGGS, A. M., Associate Judge, concur. 1 Appellee filed a notice of cross-appeal on August 25, 2015; however, the crossappeal is deemed abandoned since Bee-Line did not file a cross-appeal initial brief. 2

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