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Lawskills.com Georgia Caselaw
GIANT PEANUT COMPANY v. CAROLINA CHEMICALS, INC.
50791.
DEEN, Presiding Judge.
Garnishment. Telfair Superior Court. Before Judge O'Connor.
Where a verdict for the plaintiff in an action on account found in the principal sum of $10,550.95 "and no interest," it was error for the court, in entering up judgment on such verdict, to award interest at 7% from the date the suit was filed. This court therefore held: "Upon return of the remittitur, unless interest is stricken from the [amount of the judgment on the verdict] within 10 days, we order a reversal; otherwise the case is affirmed," and to further state that the judgment is "affirmed with direction." Giant Peanut Co. v. Carolina Chemicals, 133 Ga. App. 229 (1) (211 SE2d 155).
Upon the remittitur in the above appeal being returned to the trial judge, he entered an order dated December 18, 1974, entitled "Amended Judgment" providing that plaintiff "recover of the defendant, Giant Peanut Co., the sum of $10,550.95 with interest thereon as provided by law at the rate of 7%."
The issue involved in this appeal is whether the interest on the judgment should commence to run from the date of the December 18 order or from the date of the judgment on the verdict, which was March 4, 1974. "All judgments in this State shall bear lawful interest upon the principal amount recovered." Code 57-108. The judgment on the principal amount recovered, $10,550.95, was entered on March 4 by the trial court and that figure was affirmed on appeal to this court. Further, the trial court attempted to add a sum representing interest during the pendency of the litigation, which sum this court ordered stricken. This in no way destroyed the validity of the jury verdict, and that verdict itself involved only (a) the principal amount, and (b) interest up to its rendition. Properly construed, the verdict in this case dealt only with interest claimed by the plaintiff within the time frame of the contract, its breach, and the subsequent litigation; it made no effort to and could not dictate what interest attached to the judgment itself after verdict.
Jones, Rountree & Solomon, George M. Rountree, B. W. Walker, for appellee.
Rembert C. Cravey, for appellant.
SUBMITTED JUNE 30, 1975 -- DECIDED SEPTEMBER 2, 1975.
Friday May 22 10:11 EDT


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