Crisler v. HAUGABOOK
290 Ga. 863
| Ga. | 2012Background
- Georgia Supreme Court granted certiorari to decide whether prejudgment interest under OCGA § 7-4-15 requires a formal prayer and whether amendment seeking such interest can be made after summary judgment without leave of court.
- The dispute arose after the Court of Appeals directed entry of summary judgment for Haugabook on a money-had-and-received claim; upon remittitur, the trial court granted prejudgment interest against Crisler.
- Haugabook amended the complaint to include a prayer for prejudgment interest and moved for entry of final judgment; Crisler opposed, arguing no prior demand or leave to amend.
- Statutory framework: OCGA § 7-4-15 authorizes prejudgment interest on liquidated demands from liability date; the critical requirement is a demand for such interest.
- Court held that a demand suffices for prejudgment interest in a liquidated claim when the opposing party had opportunity to contest the amendment; the award was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a demand for prejudgment interest required under OCGA § 7-4-15? | Crisler argued no prejudgment interest without such a demand. | Haugabook contends demand is necessary to trigger prejudgment interest. | Yes; a demand is required for prejudgment interest on liquidated claims. |
| Can a party amend a complaint to seek prejudgment interest after summary judgment without court leave? | Crisler argues amendment without leave is improper. | Haugabook argues amendment to seek interest is permissible; opportunity to contest exists. | Amendment to seek prejudgment interest was permissible; contest opportunity ensured. |
Key Cases Cited
- Holloway v. State Farm Fire & etc., 245 Ga.App. 319, 322, 537 S.E.2d 121 (2000) (Ga. App. 2000) (prejudgment interest on liquidated damages mandatory)
- First Bank & Trust Co. v. Insurance Service Assn., 154 Ga.App. 697, 699(4), 269 S.E.2d 527 (1980) (Ga. App. 1980) (no pre-judgment interest absent demand; but case not limited to pleading)
- Anderson v. State of Georgia, 2 Ga. 370 (1847) (Georgia 1847) (interest on detaining money from time of detention)
- Stuckey Health Care v. State of Ga., 193 Ga.App. 771, 389 S.E.2d 349 (1989) (Ga. App. 1989) (distinguishes liquidated vs. non-liquidated claims; improper analogue for this case)
- First Bank & Trust Co. v. Insurance Service Assn., (see above) (see above) (included for reasoning on amendment and demand)
- Poloron Products v. Lybrand Ross Bros. & Montgomery, 72 F.R.D. 556, 561 (D.D.C. 1976) (D.D.C. 1976) (respects amendments to pleadings; cure of defects vs. increased liability)
- Summer-Minter & Assocs. v. Giordano, 231 Ga. 601, 203 S.E.2d 173 (1974) (Ga. 1974) (amendment rules after appeal vs. pretrial order)