final until disposition of timely filed motion for rehearing.
Appeals from the Circuit Court for Miami-Dade County Lower
Tribunal No. 12-46272, William Thomas, Judge.
Holland & Knight LLP, and Rodolfo Sorondo, Jr.,
Christopher Bellows, Monica Castro, and Tiffany Roddenberry,
Vezina, Lawrence & Piscitelli, P.A., and Mike Piscitelli,
Bradley S. Copenhaver and Christian L. Cutillo (Fort
Lauderdale); Akerman LLP, and Gerald B. Cope, Jr., and
Lorayne Perez, for appellee.
FERNANDEZ, MILLER and GORDO, JJ.
consolidated appeal, Miami-Dade County Expressway Authority
("MDX") appeals the trial court's final
judgments awarding damages and attorneys' fees and costs
to Electronic Transaction Consultants Corporation
("ETC") following a non-jury trial. We affirm the
trial court's final judgments in all respects except as
to the award of prejudgment interest, which we reverse and
remand for calculation from a fixed date of loss.
& PROCEDURAL HISTORY
ETC entered into the Account Management and Toll Enforcement
Systems ("AMTES") contract in 2009 for the design
and operation of an electronic toll collection and
enforcement system, locally known as Toll-by-Plate. The AMTES
contract incorporated a schedule for the design and
development of the system and milestone provisions for the
implementation of the system.
2012, ETC sued MDX for breach of the AMTES contract seeking
four types of damages owed under the contract: system,
operations, maintenance and disentanglement damages. MDX then
terminated the contract and ETC added a cause for wrongful
a non-jury trial, the court found that: 1) MDX materially
breached the AMTES contract by failing to follow the schedule
and failing to comply with deadlines and requirements for
submittal reviews and approvals; and 2) MDX wrongfully
terminated the contract because, at the time of termination,
the system ETC delivered was in material compliance and ETC
was substantially performing its contractual obligations.
briefing on prejudgment interest, the trial court issued its
final judgment awarding ETC $43, 000, 000 plus prejudgment
interest and interest for a total of $53, 298, 717.27 in
damages. The trial court subsequently entered final judgment
as to attorneys' fees and costs awarding ETC $8, 000, 000
appeals the final judgment in favor of ETC and the award of
attorneys' fees, asserting it is entitled to judgment as
a matter of law because ETC failed to comply with the dispute
resolution procedures set forth in the AMTES contract.