Dayton Head Neck Surgeons, Inc. v. Maitlen, 08-Ca-1732 (2-13-2009)

Ohio Court of Appeals

Dayton Head Neck Surgeons, Inc. v. Maitlen, 08-Ca-1732 (2-13-2009)

2009 Ohio 693

Ohio Court of Appeals·Decided February 13, 2009·No. No. 08-CA-1732.·Published

Opinion

OPINION {¶ 1} Dayton Head Neck Surgeons, Inc., appeals from the judgment of the Darke County Court which failed to award it pre-judgment interest on the claim for payment of professional services rendered to defendants Greg and Tammy Maitlen.

{¶ 2} The trial court granted the Appellant a default judgment when the Maitlens *Page 2 failed to answer the plaintiff's complaint. The trial court granted Appellant judgment in the amount of $1,351.98 plus post-judgment interest, but denied pre-judgment interest.

{¶ 3} Appellant argues the trial court erred in failing to award it pre-judgment interest on its contract claim which was not contested, and we agree. See Royal Elec. Consts. Corp. v. Ohio State Univ.,73 Ohio St.3d 110, 1995-Ohio-131; Dayton Securities Assoc. v. Avutu (1995), 105 Ohio App.3d 559, 566. The assignment of error is Sustained.

{¶ 4} The judgment of the trial court is Reversed and the matter Remanded to the trial court to enter a judgment in the appropriate amounts.

Judges Brogan, Fain and Grady concur.

*Page 1

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OPINION {¶ 1} Dayton Head Neck Surgeons, Inc., appeals from the judgment of the Darke County Court which failed to award it pre-judgment interest on the claim for payment of professional services rendered to defendants Greg and Tammy Maitlen.

{¶ 2} The trial court granted the Appellant a default judgment when the Maitlens *Page 2 failed to answer the plaintiff's complaint. The trial court granted Appellant judgment in the amount of $1,351.98 plus post-judgment interest, but denied pre-judgment interest.

{¶ 3} Appellant argues the trial court erred in failing to award it pre-judgment interest on its contract claim which was not contested, and we agree. See Royal Elec. Consts. Corp. v. Ohio State Univ.,73 Ohio St.3d 110, 1995-Ohio-131; Dayton Securities Assoc. v. Avutu (1995), 105 Ohio App.3d 559, 566. The assignment of error is Sustained.

{¶ 4} The judgment of the trial court is Reversed and the matter Remanded to the trial court to enter a judgment in the appropriate amounts.

Judges Brogan, Fain and Grady concur.

*Page 1

Dayton Head Neck Surgeons, Inc. v. Maitlen, 08-Ca-1732 (2-13-2009), 2009 Ohio 693 (Ohio Ct. App. 2009).

Pincite

2009 Ohio 693 (Dayton Head Neck Surgeons, Inc. v. Maitlen, 08-Ca-1732 (2-13-2009)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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