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

CourtOhio Court of Appeals

DecidedFebruary 13, 2009

DocketNo. 08-CA-1732.

StatusPublished

This text of 2009 Ohio 693 (Dayton Head Neck Surgeons, Inc. v. Maitlen, 08-Ca-1732 (2-13-2009)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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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