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are pre-judgment and/or post judgment interests considered as punitive damages ?
No, these are statutorily permissible damages, not punitive. Punitive damages are those damages that are meant to punish the defendant for improper or unlawful behavior on top of any compensatory or statutorily allowable damages.
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Thank you. In an action of unjust enrichment in FL, are prejudgment interests admissible, and if yes, from which date on will they be calculated ?
unjust enrichment >>> there is no contract
Thank you,relate back to the date that the breach occurred ?QUESTION Does the judgment need to specify that date and stipulate how it is founded, when it is controversial? I mean that obviously, the date of the breach will generally be easy to identify with an express contract, but with an unjust enrichment based on a verbal agreement, it's subject to argument.in my case, the judgment is throwing a date out of the blue.
Thank you.In situations like this, the court will generally listen to both sides as to when they think the breach occurredThat part was skipped.... but I get your point, as long as the date is not absurd, even though it was established in a discretionary way, it's pointless to argue about it after the judgment.However, because the whole case is faulty and a mess, I have a more tricky question:An Amended Final judgment was issued without a hearing by error and the judge ordered a new hearing to validate it.2/3 of the moneys of the unjust enrichment were consisting in a check to the order of a corporation thta I am the CEO of. The other check (1/3) was to me. The Paintiff amalgamated and the judge did yet another mistake by not listening to my testimony and objection thta the Plaintiff was suing the wrong Defendant for the moneys of the first check above.Therefore, without any further explanation, the Court finds thta this check is benefitting to me.However, the tricky part is that the judgment fails to show how and when the moneys benefittted to me, deeming that a check remitted to my corporation is benefitting to me as the CEO. Now, at the hearing,what if I argue that there is nothing in the judgment to explain when I benefitted from the check under the circumstances ? is thta arguable in the first place ? If yes, then there is no date that is clearly established to calculate the prejudgment interests on thta money ? (Planitiff failed to join my company as Defendant.)
It's a regular but small corporation of the State of Delaware, with 10 employees and $1 Million/year of revenues of which I control 51%.However, the judge nor the Plaintiff hasn't gone into this, they have pierced the veil directly without any discoveries, questions, evidence whatsoever.It's been "deemed"...Ok, but here is the tricky part : what if i come up at the hearing of te motion with a report from my bookeeper evidencing clearly that the plaintiff was paying his dues to the corporation with that check - even though the jugment rules otherwise without founding or finding anything - and therefore there is no date to be determined as of when I beneiftted of thta part of the money ?
Thank you for the advice. The last part being very clear and in addition, she grants extreme leeway to my opponent. All I can do is to force the situations to evidence the abuse of discretion that started mysteriously. She dismissed the complaint of my opponent, with prejudice to file an amended complaint within 20 days, and to bring up the contracts that are still in his drawers at this very moment. Then she denied our motion to strike the amended complaint for being brought 4 months later and WITHOUT the contracts.In the motion to dismiss that was granted, we were asking to release my wife as defendand, becuase she had nothing to do with the case, other then having some properties in CT that Plaintiff was lurking at.Now the FJ makes her also a beneficiary of the unjust enrichment for the entirety of the moneys, even though she has no participation in the corporation at all.Finally, Paintiff had sent his proposed Final Judgment and the Judge put her signature at the bottom. Then he had some kind of remorse, and sent another letter with an Amended Final Judgment adding prejudgment interests, compounding with post judgment interest, and substracting a small amount that he had borrowed from my Company and that was included in the amount of the check.Without any hearing, the judge signs the Amended FJ as is and notifies it to me.Prior to this, after having taken multiple advices, I had sent a letter to the judge to object against the ways Plaintiff was dealing, in the hope that she would not sign the Amended FJ as requested.By the time the letter reached her, the Amended FJ - that was sent by mail - reached me too.So I got an order from the Judge deeming my letter as motion for a re-hearing, even though I had no knowledge that a re-hearing was needed or even opportune when I wrote it.insttead, before the order, i had filed a motion to vacate the judgment or to amend it.My thinking is to send a motion to vacate the order or amend to protect my ways in my appeal. Reason is if I need to Appeal on both the order and the Amended Final Judgment, I may be in a better position.What would lawyers do typically, in that type of situation ?
I really appreciate your input. I wish you had been our lawyer in the first place as we would probably have spent a lot less time and money and be now free from this nightmare.