5 Fla. L. Weekly Supp. 576a
NOT FINAL VERSION OF OPINION
Subsequent Changes at 6 Fla. L. Weekly Supp. 399a
Insurance — Prejudgment interest — Error to award prejudgment interest on attorney’s fee awards against Florida Insurance Guaranty Association
FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, vs. GLORIA J. KELLY and TWALA B. KELLY, Appellees. 11th Judicial Circuit in and for Miami-Dade County. Appellate Division. Case No. 96-488 AP. L.T. Case No. 90-7526 CC-25. Opinion Filed May 8, 1998. An Appeal from the County Court in Miami-Dade County, Shelley J. Kravitz, Judge. Counsel: Walton, Lantaff, Schroeder & Causon, for Appellant. Mark S. Sussman and Michael Lechtman, for Appellee.
(Before HENRY H. HARNAGE, WILLIAM JOHNSON and GILL S. FREEMAN, JJ.)
(William Johnson, J.) This appeal is from a Final Judgment awarding attorney’s fees, costs, and prejudgment interest to the Kelleys and against the Florida Insurance Guaranty Association. Three issues were raised on appeal. We find no error on two of the issues but we do find error on one issue namely “whether the trial court committed reversible error in awarding prejudgment interest against FIGA in violation of Florida Statute § 631.57(1)(b) (1995).
Florida Statute § 631.57(1)(b) (1995), reads as follows:
“In no event shall the association be liable for any penalties or interest.”
This provision has been interpreted to preclude the award of prejudgment interest on attorney fee awards against FIGA. Florida Insurance Guaranty Association v. Gustinger, 390 So.2d 420, 421 (Fla. 3d DCA 1980) and Florida Insurance Guaranty Association v. Jacques, 643 So.2d 101 (Fla. 4th DCA 1994).
Since it is clear that prejudgment interest is not awardable against FIGA, we strike all awards of interest accruing prior to August 16, 1996, the date of entry of the Final Judgment on appeal. Otherwise, the judgment of August 16, 1996, is hereby AFFIRMED.
Appellate attorney’s fees are hereby GRANTED.
AFFIRMED in part, REVERSED in part. (HENRY H. HARNAGE and GILL S. FREEMAN, JJ., Concur.)
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