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727 S.E.2d 769
S.C. Ct. App.
2012
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Background

  • Appellants contracted with Prevost for interior remodeling; a water leak caused damage and liability asserted for negligence and warranty.
  • Prevost counterclaimed for contract-owed interest at a daily 1% rate; jury awarded Prevost $6,437.62 and prejudgment interest under the contract.
  • Circuit court granted leave to deposit funds and held prejudgment interest at 1% daily, post-judgment interest at 11.25% per year.
  • January 2009, the Court of Appeals affirmed prejudgment interest; remittitur followed; the case proceeded on remand for other issues.
  • Appellants later moved to set the post-judgment interest rate; the circuit court declined, citing law-of-the-case restraints and lack of authority to modify the rate.
  • This appeal challenges whether post-judgment interest rate is governed by law or contract and whether the circuit court had jurisdiction to reconsider it.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the leave-to-deposit order set post-judgment interest as law of the case Bickerstaff argues the order fixed post-judgment rate at 1% daily as law of the case. Prevost contends the footnote limits the order to deposits and does not bind the post-judgment rate; the appellate court will determine the rate. The post-judgment rate was not established by that order; appellate court determines rate.
Whether the circuit court had jurisdiction to reconsider post-judgment interest Circuit court retained jurisdiction over matters not affected by the first appeal. Law-of-the-case doctrine bars altering the rate previously affirmed by the appellate court. The circuit court had authority to reconsider post-judgment interest.
Whether the first appeal’s law-of-the-case affected post-judgment interest The only issue on appeal was prejudgment interest; post-judgment rate was not decided there. The appellate decision implicitly fixes post-judgment rate by contract if a rate existed. Post-judgment interest issue was not resolved on the first appeal; reversed on that basis.
Whether constitutional claims regarding 1% daily rate were preserved Argues 1% daily rate is punitive and unconstitutional; preservation should be excused due to appellate context. Constitutional arguments were not raised below and are waived on appeal. Constitutional claims were not preserved; not addressed on the merits.

Key Cases Cited

  • Renaissance Enterprises, Inc. v. Ocean Resorts, Inc., 326 S.C. 460, 483 S.E.2d 796 (Ct.App.1997) (statutory rate applies unless contract fixes a different rate)
  • Renaissance Enterprises, Inc. v. Ocean Resorts, Inc., 334 S.C. 324, 513 S.E.2d 617 (1999) (reaffirmation/extension of post-judgment interest principles)
  • Turner Coleman, Inc. v. Ohio Construction & Engineering, Inc., 272 S.C. 289, 251 S.E.2d 738 (1979) (post-judgment interest framework under contract law)
  • Bickerstaff v. Prevost, 380 S.C. 521, 670 S.E.2d 660 (Ct.App.2009) (first appeal limited to prejudgment interest; law-of-the-case noted)
  • Pye v. Estate of Fox, 369 S.C. 555, 633 S.E.2d 505 (2006) (preservation requirements for appellate review)
  • State v. Powers, 331 S.C. 37, 501 S.E.2d 116 (1998) (constitutional arguments and preservation principles)
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Case Details

Case Name: Bickerstaff v. Prevost
Court Name: Court of Appeals of South Carolina
Date Published: May 16, 2012
Citations: 727 S.E.2d 769; 398 S.C. 231; 2012 WL 1699384; 2012 S.C. App. LEXIS 130; No. 4972
Docket Number: No. 4972
Court Abbreviation: S.C. Ct. App.
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