Crisler v. HAUGABOOK
307 Ga. App. 796
| Ga. Ct. App. | 2011Background
- The case followed a prior reversal directing judgment for Haugabook on money had and received.
- After remittitur, the trial court granted summary judgment to Haugabook on November 10, 2009.
- Haugabook amended his complaint December 1, 2009 to seek prejudgment interest under OCGA § 7-4-15.
- Haugabook filed a motion December 7, 2009 for entry of final judgment awarding prejudgment interest.
- On February 9, 2010 the trial court entered final judgment awarding prejudgment interest at the statutory rate; Crislers appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prejudgment interest was properly awarded. | Haugabook contends interest is mandatory for liquidated claims. | Crisler argues no prayer or leave to amend justified prejudgment interest. | Yes; prejudgment interest awarded as liquidated damages is mandatory. |
Key Cases Cited
- Haugabook v. Crisler, 297 Ga.App. 428 (Ga. App. 2009) (reversed summary judgment; held Crislers received $1 million)
- Holloway v. State Farm Fire, etc. Co., 245 Ga.App. 319 (Ga. App. 2000) (prejudgment interest for liquidated damages mandatory)
- In re Estate of Miraglia, 290 Ga.App. 28 (Ga. App. 2008) (prejudgment interest for liquidated damages)