324 S.W.3d 456
Mo. Ct. App.2010Background
- Coleman filed wrongful-death suit against Stoecker and Merritt and others in 2002; amendment replaced John Doe Defs with Cape Radiology Group, Inc. in 2006.
- Trial in 2007 resulted in a verdict against Stoecker and Merritt; April 26, 2007 order titled 'judgment' awarded Coleman $1,197,500 and was later amended to cap non-economic damages at $608,000.
- The April 26, 2007 judgment did not reference John Doe Corp I or Cape Radiology Group, Inc.; those claims remained pending.
- We later determined the April 2007 judgment was not final as to all parties; dismissal of the two remaining defendants occurred on July 3, 2008.
- On remand, a judgment in accordance with our Coleman I opinion was entered, creating dispute over when post-judgment interest began to accrue under §408.040.
- Trial court ultimately held post-judgment interest began April 26, 2007; Stoecker appealed arguing interest began July 3, 2008; appellate court reversed and remanded for July 3, 2008 accrual date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does post-judgment interest commence under §408.040? | Interest began April 26, 2007 (date of first judgment). | Interest began July 3, 2008 (final dismissal date). | Post-judgment interest began July 3, 2008. |
Key Cases Cited
- Lindquist v. Mid America Orthopaedic Surgery, Inc., 224 S.W.3d 593 (Mo. banc 2007) (judgment for accrual of interest requires final adjudication of all claims)
- Kansas City Power & Light Co. v. Bibb & Assocs., Inc., 197 S.W.3d 147 (Mo. App. 2006) (no judgment exists until prerequisites of Rule 74.01(a) are met)
- Williams v. Westrip, 917 S.W.2d 590 (Mo. App. 1996) (final judgment prerequisite for appellate review and post-judgment interest)
- Fallin v. McClain, 639 S.W.2d 391 (Mo. App. 1982) (one judgment rule; single judgment for appeal and interest accrual)
- Moore v. Missouri Dental Bd., 311 S.W.3d 298 (Mo. App. 2010) (courts may take judicial notice of their own records in related proceedings)
