In the earlier appeal of the judgment in favor of plaintiffs Philip and Carolyn Parker, we reversed the award of expenses of litigation against defendants Ray Gunnin, Gunnin Properties, Inc., and Gunnin Development Company (collectively referred to as “Gunnin”).
Gunnin v. Parker,
1. In Case No. A90A2038, we first note that in view of the language in OCGA § 7-4-12 that “[a]ll judgments in this state
shall
bear interest upon the principal amount recovered at the rate of 12 percent per year,” (emphasis supplied), see
West v. Jamison,
Citing OCGA § 9-11-67, Gunnin contends the trial court erred by awarding postjudgment interest on the $112,275 amount Gunnin deposited in the office of the clerk of the court before trial started. OCGA § 9-11-67 provides that “[i]n an action in which any part of the relief sought is a judgment for a sum of money ... a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court, upon posting of sufficient security. Where the thing deposited is money, interest thereupon shall abate.”
Pretermitting the issue whether the trial court erred by failing to reach the merits of Gunnin’s argument by ruling that the issue was res judicata, but see
City of Fairburn v. Cook,
2. In Case No. A90A2309, the transcript (filed in this court for our consideration of the matters raised in Gunnin, supra) reveals that after the jury returned a general verdict for $275,000, the trial court, without objection, requested the jury to break down that figure awarded to the Parkers into the individual amounts claimed. In response, the jury foreperson announced that the $275,000 included, inter alia, $124,000 for litigation expenses. In Gunnin, supra, this court reversed that part of the judgment awarding the Parkers expenses of litigation, although the precise figure to be written off the judgment was not set forth in the body of the opinion. However, “the trial court has the authority and power to amend its judgments to effect the intendment of this court, whether or not specifically directed to do so by this court.” City of Fairburn, supra at 268. The trial court did not err by effecting the intendment of this court by striking $124,000 from the judgment in favor of the Parkers.
Judgments affirmed.
