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Post-judgment interest award reversed

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An award of post-judgment interest paid by a losing party does not include the time a court takes in tallying the bill, the Indiana Court of Appeals ruled.

“When the losing party pays a judgment in full, does post-judgment interest keep running on the whole amount until the trial court calculates the amount due for the period between the judgment and the payment? The trial court here said yes. The statute and the cases are otherwise,” Senior Judge Randall Shepard wrote in a unanimous opinion in Pac-Van, Inc. v. Wekiva Falls Resort, 49A02-1204-CT-337.

In April 2011, Wekiva Falls won a jury verdict of $102,285 on a breach of contract and negligence complaint. In January 2012, Marion Superior Judge David Dreyer awarded Wekiva $6,368.27 in interest on the jury verdict and $5,075.81 in interest on the attorney fees award.

The court reversed Dreyer’s award, holding that post-judgment interest should have been awarded only for the period of time between the jury’s ruling and Pac-Van’s payment of the judgment, 48 days.

“The trial court’s award of interest on fees for five months after the fees were paid was error,” Shepard wrote. “We reverse the trial court’s award of post-judgment interest and remand with instructions to issue a new order reflecting $1,076.09 in interest on the verdict and $919.43 in interest on the fees, for a total of $1,995.52.”

 

 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

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