Glover v. Woodhaven Homes, Inc.

57 S.W.3d 211, 346 Ark. 397, 2001 Ark. LEXIS 604
CourtSupreme Court of Arkansas
DecidedNovember 1, 2001
Docket01-175
StatusPublished
Cited by30 cases

This text of 57 S.W.3d 211 (Glover v. Woodhaven Homes, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glover v. Woodhaven Homes, Inc., 57 S.W.3d 211, 346 Ark. 397, 2001 Ark. LEXIS 604 (Ark. 2001).

Opinion

Donald L. Corbin, Justice.

This appeal raises an issue of first impression as to the date that interest begins to accrue on a judgment, following a remand and modification by an appellate court. Appellee Woodhaven Homes, Inc., asserts that the chancellor was correct in finding that the interest began to accrue on June 12, 1997, the date that the original judgment was entered. Appellants Ross and Debbie Glover contend that the relevant date is January 19, 2000, the date that the judgment was modified by the Arkansas Court of Appeals. Alternatively, Appellants argue that it is irrelevant when the interest began to accrue because they already tendered a check to Appellee in full accord and satisfaction of the judgment. They argue that the chancellor erred in finding no accord and satisfaction. Our jurisdiction of this appeal is pursuant to Ark. Sup. Ct. R. 1-2(b)(1). We find no error and affirm.

This case originated in a lawsuit filed by Appellee to recover' amounts due under a home-construction contract. The case was tried in the chancery court and resulted in a judgment for Appellee in the amount of $29,435.31, plus attorney’s fees of $2,500.00. Appellants appealed the judgment, and the court of appeals remanded the case with instructions for the chancellor to clarify the manner in which he calculated the damages. See Glover v. Woodhaven Homes, Inc., CA 98-1 (Ark. App. September 30, 1998) (Glover I). Upon remand, the chancellor found that the recalculation showed that Appellee was actually entitled to judgment in the amount of $30,005.75, plus attorney’s fees. On appeal, the court of appeals affirmed the judgment for Appellee, but modified the amount to $24,940.53. See Glover v. Woodhaven Homes, Inc., CA 99-388 (Ark. App. January 19, 2000) (Glover II).

Following the decision in Glover II, the chancery court held a hearing on the issue of when interest on the judgment began accruing. Appellants argued that Glover I reversed and vacated the original judgment, such that it no longer existed. Appellants asserted that interest did not begin accruing until January 19, 2000, the date that the decision in Glover II was delivered. The chancellor rejected Appellants’ arguments and awarded interest on the judgment, as modified on appeal, from the date of the original judgment, June 12, 1997. The chancellor found that Glover I, although styled as a reversal and remand, did not reverse the original judgment, but only remanded the matter for clarification as to how the damages were calculated. The chancellor reasoned that because the first appeal was not a reversal of the merits of the case, the initial judgment against Appellants was never reversed or vacated. Thus, the chancellor found that neither decision from the court of appeals amounted to a reversal of the judgment in favor of Appellee, and that, accordingly, it was proper to award postjudgment interest from the date that the original judgment was entered.

On appeal, Appellants argue that the chancellor erred in finding that interest began accruing from the date of the original judgment. We review chancery cases de novo on the record, but we do not reverse a finding of fact by the chancellor unless it is clearly erroneous. Forrest Constr., Inc. v. Milam, 345 Ark. 1, 43 S.W.3d 140 (2001); Harris v. City of Little Rock, 344 Ark. 95, 40 S.W.3d 214 (2001). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed. Id. With this standard in mind, we review Appellants’ argument.

The issue presented in this appeal is one of first impression in Arkansas: When does interest begin to accrue on a judgment that has been appealed? We conclude that when the appellate decision does not result in an actual reversal of the judgment, the interest begins accruing from the date of the original judgment. We find support for our conclusion in decisions from other jurisdictions.

In Kneeland v. American Loan & Trust Co., 138 U.S. 509 (1891), the Supreme Court held that in determining whether the original judgment was reversed, courts should look beyond the descriptive language used in an appellate decision and ascertain the actual effect of the decision. There, the Court held that the first appeal, although styled as a reversal, was not a true reversal, because all that remained on remand was for the trial court to strike part of the award. The Court held:

While the former decrees were in terms reversed, and the cases remanded for the entering of new decrees, yet the terms of those new decrees were specifically stated; and, in so far as the separate and distinct matters embraced in the former decrees were ordered to be incorporated into the new, it is to be regarded as pro tanto an affirmance. Equity regards the substance, and not the form. The rights of parties are not to be sacrificed to the mere letter; and whether the language used was reversed, modified, or affirmed in part and reversed in part is immaterial. Equity looks beyond these words of description to see what was in fact ordered to be done.

Id. at 511-12 (emphasis added).

Similarly, the California Supreme Court has held that “[i]t is not the form of the order on the first appeal that controls but the substance of that order.” Snapp v. State Farm Fire & Cas. Co., 388 P.2d 884, 887 (Cal. 1964). Citing to Stockton Theatres, Inc. v. Palermo, 360 P.2d 76 (Cal. 1961), the court held that when a judgment is reversed on appeal, the new award subsequently entered by the trial court can bear interest only from the date that the new judgment is entered. Conversely, when a judgment is modified on appeal, either upward or downward, the new amount draws interest from the date of entry of the original order. In Snapp, the plaintiffs had been granted judgment in the amount of $8,168.25. The appellate court reversed the judgment, with directions to the trial court to enter judgment in the full amount of the insurance policy. In the second appeal, the insurance company argued that the trial court was correct to award interest only from the date of the order entered on remand. The supreme court disagreed, holding that the first appeal was, in law and in fact, a modification of the original judgment, as no issues remained to be determined on remand and no further evidence was necessary. The court thus concluded that interest on the modified amount commenced on the date of the original judgment.

More recently, in Ulibarri v. Gee, 764 P.2d 1326 (N.M. 1988), the Supreme Court of New Mexico cautioned that courts must not disregard the substance of an appellate order in deference to its form. The court explained:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lindy "bud" Bostic v. Richard Stanley
2020 Ark. App. 365 (Court of Appeals of Arkansas, 2020)
Wilson v. State
2017 Ark. App. 553 (Court of Appeals of Arkansas, 2017)
Daniel v. Arkansas Department of Human Services
2017 Ark. 206 (Supreme Court of Arkansas, 2017)
Scott v. Scott
2016 Ark. App. 390 (Court of Appeals of Arkansas, 2016)
Thornton v. State
2015 Ark. 438 (Supreme Court of Arkansas, 2015)
Ford Motor Co. v. Washington
2013 Ark. 510 (Supreme Court of Arkansas, 2013)
Grayson & Grayson, P.A. v. Couch
388 S.W.3d 96 (Court of Appeals of Arkansas, 2012)
Manufacturers & Traders Trust Co. v. Nickelson
386 S.W.3d 41 (Court of Appeals of Arkansas, 2011)
Quality Petroleum, Inc. v. Windward Petroleum, Inc.
378 S.W.3d 818 (Court of Appeals of Arkansas, 2011)
Pruitt v. Dickerson Excavation, Inc.
379 S.W.3d 766 (Court of Appeals of Arkansas, 2010)
Morgan v. Turner
2010 Ark. 245 (Supreme Court of Arkansas, 2010)
Jewell v. Fletcher
2010 Ark. 195 (Supreme Court of Arkansas, 2010)
Johnson v. Cincinnati Insurance
289 S.W.3d 407 (Supreme Court of Arkansas, 2008)
Housley v. Hensley
265 S.W.3d 136 (Court of Appeals of Arkansas, 2007)
Kight v. Arkansas Department of Human Services
231 S.W.3d 103 (Court of Appeals of Arkansas, 2006)
Brown, Ex Parte James Otis
Court of Criminal Appeals of Texas, 2005
Weiss v. McFadden
199 S.W.3d 649 (Supreme Court of Arkansas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
57 S.W.3d 211, 346 Ark. 397, 2001 Ark. LEXIS 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-woodhaven-homes-inc-ark-2001.