IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION RAYMOND A. DELLASELVA, et al., CASE NO. 03-1947 CA WCM Plaintiffs, vs. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, et al., Defendants. ________________________________/ PLAINTIFFS’ MOTION FOR PREJUDGMENT INTEREST Plaintiffs and the Class request entry of an order awarding prejudgment interest and in support thereof, state as follows: 1. On July 3, 2014, the jury returned a verdict awarding Plaintiffs and the Class full compensation in the amount of $285.25 per tree for each of the 33,957 trees covered by this case. Based on the $285.25 per-tree amount multiplied by 33,957 trees, the total amount of compensation awarded to Plaintiffs and the Class is $9,686,573.82. See Exhibit 1. 2. The verdict also determined that the Defendants are entitled to certain set-offs, representing the (i) total amount of $55 statutory tree payments actually issued to and used by Plaintiffs and Class members ($1,001,000.00), and (ii) total amount used by those Plaintiffs and Class members who applied for and received Shade Florida (Wal-Mart) Cards ($724,087.00). See Exhibit 1. The total amount of these set-offs is $1,725,087.00. 3. After deducting the set-offs, the principal amount of compensation recovered by Plaintiffs and the Class is $7,961,486.82. Filing # 15894913 Electronically Filed 07/14/2014 05:28:35 PM
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEECOUNTY, FLORIDA CIVIL ACTION
RAYMOND A. DELLASELVA, et al., CASE NO. 03-1947 CA WCM
Plaintiffs,
vs.
FLORIDA DEPARTMENT OFAGRICULTURE AND CONSUMERSERVICES, et al.,
Defendants.________________________________/
PLAINTIFFS’ MOTION FOR PREJUDGMENT INTEREST
Plaintiffs and the Class request entry of an order awarding prejudgment interest and in
support thereof, state as follows:
1. On July 3, 2014, the jury returned a verdict awarding Plaintiffs and the Class full
compensation in the amount of $285.25 per tree for each of the 33,957 trees covered by this case.
Based on the $285.25 per-tree amount multiplied by 33,957 trees, the total amount of compensation
awarded to Plaintiffs and the Class is $9,686,573.82. See Exhibit 1.
2. The verdict also determined that the Defendants are entitled to certain set-offs,
representing the (i) total amount of $55 statutory tree payments actually issued to and used by
Plaintiffs and Class members ($1,001,000.00), and (ii) total amount used by those Plaintiffs and
Class members who applied for and received Shade Florida (Wal-Mart) Cards ($724,087.00). See
Exhibit 1. The total amount of these set-offs is $1,725,087.00.
3. After deducting the set-offs, the principal amount of compensation recovered by
4. Plaintiffs and the Class are entitled to prejudgment interest on the principal amount of
compensation recovered, after deduction of the set-offs. See Article X, section 6(a), Florida
Constitution; Behm v. State Department of Transportation, 383 So. 2d 216, 218 (Fla. 1980); Stewart
v. City of Key West, 429 So. 2d 784 (Fla. 3d DCA 1983); section74.061, Florida Statutes.
5. In the related Broward County citrus canker case, the Court awarded prejudgment
interest on the full amount of compensation recovered, based on the number of trees destroyed
during each year of the class period after deducting the applicable set-offs in the years in which they
were issued. The Fourth District Court of Appeal affirmed the Broward Circuit Court’s Order
awarding prejudgment interest. Department of Agriculture v. Bogorff, 35 So. 3d 84, 90 (Fla. 4th
DCA 2010).
6. In this case, the total amount of prejudgment interest due through July 3, 2014 (the
date of the verdict) is $4,573,152.00, with a per diem of $1,036.04 thereafter, based on the number of
trees destroyed during each year of the class period after deducting the set-offs in the years in which
they were issued. A spreadsheet reflecting these calculations is attached as Exhibit 2.1 The
methodology used in calculating prejudgment interest in this case is identical to the methodology
used in the related Broward County case and affirmed by the Fourth District.
7. Based on the foregoing, this Court should award prejudgment interest of
$4,573,152.00 through July 3, 2014, with a per diem of $1,036.04 thereafter through the date of entry
of the final judgment. A proposed Order is attached as Exhibit 3.
1 The applicable statutory prejudgment interest rates during 2002-2014 are 9% for 2002; 6% for2003; 7% for 2004 and 2005; 9% for 2006; 11% for 2007 and 2008, 8% for 2009, 6% for 2010, 6%from January 1, 2011 - September 30, 2011, 4.75% from October 1, 2011 - December 31, 2011, and4.75% for 2012, 2013 and 2014. See Florida Department of Financial Services Statutory Interest
Rates.
Case No. 03-1947 CA WCM
3
WHEREFORE, Plaintiffs and the Class request entry of an order awarding prejudgment
interest, and such other relief as this Court deems appropriate.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on July 14, 2014 a true and correct copy of the foregoing has
been electronically filed with the Clerk of Lee County by using the Florida Courts eFiling Portal and
served on Wesley R. Parsons, Esq. ([email protected]), Clarke Silverglate, P.A. and Karen
H. Curtis, Esquire ([email protected]), 799 Brickell Plaza, Suite 900, Miami, FL 33131.
William S. WilliamsMargaret M. BichlerLytal Reiter, LLP515 N. Flagler DriveSuite 1000West Lee, FL 33401Tel: (561) 655-1990Fax: (561) [email protected]@palmbeachlaw.com
/s/ Robert C. GilbertRobert C. GilbertFlorida Bar No. 561861Grossman Roth, P.A.2525 Ponce de Leon BoulevardSuite 1150Coral Gables, FL 33134Tel: (305) 442-8666Fax: (305) [email protected]
Michael J. PucilloBerman DeValerio3507 Kyoto Gardens DriveSuite 200Lee Gardens, FL 33410Tel: (561) 835-9400Fax: (561) [email protected]