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Leshin v. Dailey

District Court of Appeal of Florida, Fourth District
Mar 26, 2003
840 So. 2d 454 (Fla. Dist. Ct. App. 2003)

Summary

holding computation of interest on liquidated damages was ministerial act that was appropriate basis for mandamus relief

Summary of this case from Carlson v. Jeflis Property Management

Opinion

Case No. 4D03-379.

Opinion filed March 26, 2003.

Petition for writ of mandamus to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No. 98-9086 AN.

Randall L. Leshin of Law Offices of Randall L. Leshin, Pompano Beach, for petitioners.

No appearance for respondent.


Randall L. Leshin, Esquire, and Randall L. Leshin, P.A., petitions this court for writ of mandamus to direct the trial court to disburse certain funds, which were held in a trust account by respondent, Nancy Kay Dailey's former counsel, Robert C. Sorgini. We grant the petition for mandamus.

In prior litigation, Randall L. Leshin, Esquire, filed an attorney's lien against Nancy K. Dailey and the trial court ordered that Leshin be paid on his lien in the amount of $250,000. Dailey appealed and the trial court permitted Dailey's attorney, Robert C. Sorgini, to hold the lien amount in an interest bearing trust account pending the outcome of the appeal. This court decided the appeal in Leshin's favor. See Dailey v. Leshin, 747 So.2d 946 (Fla. 4th DCA 1999) (Table).

As a result of the mandate in Dailey, supra, on September 1, 1999, Leshin filed a motion for disbursement including interest. On September 9, 1999, the trial court granted the motion, but ordered that any disputes concerning interest would be resolved at a subsequent hearing. After receiving the September 9th order, Sorgini disbursed the $250,000 to Leshin but retained possession of the $4,350.05 accumulated interest and refused to disburse to Leshin the interest earned on the funds. Thereafter, on September 21, 1999, Leshin filed a renewed motion for disbursement of interest seeking the accumulated interest which the trial court denied.

The duty required through mandamus must be ministerial in nature; there must be no room for the exercise of discretion, and the performance required must be directed by law. Town of Manalapan v. Rechler, 674 So.2d 789, 790 (Fla. 4th DCA 1996) (citing Solomon v. Sanitarians' Registration Bd., 155 So.2d 353 (Fla. 1963)), rev. denied, 684 So.2d 1353 (Fla. 1996). The judgment of $250,000 is liquidated damages and, therefore, Leshin is entitled to interest on that liquidated amount until paid. Liquidated damages became certain upon entry of the judgment of the lien and computation of the prejudgment interest is merely a mathematical computation. There is no finding of fact needed. Thus, it is purely a ministerial duty of the trial judge to add the appropriate amount of the interest to the principal amount of the damages awarded. See Argonaut Ins. Co., et al v. May Plumbing Co., 474 So.2d 212, 215 (Fla. 1985). Hence, since it is merely a ministerial act, mandamus is appropriate and we hereby direct the trial court to enter an order directing the disbursement of the interest retained plus the interest earned thereon.

STONE and, FARMER, JJ., concur


Summaries of

Leshin v. Dailey

District Court of Appeal of Florida, Fourth District
Mar 26, 2003
840 So. 2d 454 (Fla. Dist. Ct. App. 2003)

holding computation of interest on liquidated damages was ministerial act that was appropriate basis for mandamus relief

Summary of this case from Carlson v. Jeflis Property Management
Case details for

Leshin v. Dailey

Case Details

Full title:RANDALL L. LESHIN and RANDALL L. LESHIN, P.A., Petitioners, v. NANCY KAY…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 26, 2003

Citations

840 So. 2d 454 (Fla. Dist. Ct. App. 2003)

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