Grubnich v. Renner

746 N.E.2d 111, 2001 Ind. App. LEXIS 616, 2001 WL 350664
Indiana Court of Appeals·Decided April 10, 2001·No. 45A05-0011-CV-500·Published·Cited by 15 cases

Opinion

OPINION

BROOK, Judge

Case Summary

Appellant-defendant Pete Grubnich, D.D.S. ("Grubnich") appeals the award of post-judgment interest to appellees-plain-tiffs Betty L. Renner and Richard W. Ren-ner, Sr. ("the Renners"). The Renners cross-appeal the denial of sanctions and attorney fees. We affirm.

Issues

Grubnich presents three issues for our review, which we restate as follows:

I. whether the trial court lacked jurisdiction to award post-judgment interest three years after final judgment on the jury verdict;
II. whether the trial court improperly relied on a change in case law as the basis for awarding post-judgment interest; and
III. whether the Renners were entitled to interest on the post-judgment interest.

The Renners raise one issue in their cross-appeal, which we restate as whether the trial court erred in denying sanctions, including attorney fees.

Facts and Procedural History

On February 12, 1997, a jury returned a verdict in favor of the Renners awarding them $150,000 in damages on their dental malpractice claim against Grubnich. Under the Medical Malpractice Act, Grub-nich's liability was limited to $100,000, and the Patient's Compensation Fund ("the Fund") was liable for the remaining $50,000. § 27-12-14-3 (current version at Inp.Cops § 34-18-14-8 (1998)). The court entered judgment on the verdict, and Grubnich appealed. On September 28, 1998, a panel of this court affirmed the judgment, and the supreme court denied transfer on March 2, 1999. On March 8, 1999, Grubnich filed a notice of payment of judgment and paid $100,000 to the clerk of the court. On March 12, 1999, the Renners filed a partial satisfaction of judgment for the amount of $100,000 and reserved their right to the remainder of the judgment from the Fund 1 as well as their right to post-judgment interest and costs frora either Grubnich or the Fund or both. The Renners also requested a bond for the remaining costs and interest. On April 19, 1999, the trial court denied the Renners' request for bond based on this court's opinion in Poehlman v. Feferman, 693 N.E.2d 1355 (Ind.Ct.App.1998) ("Poehl *114 man I"), aff'd in part, vacated in part, 717 N.E.2d 578 (Ind.1999) ("Poehlman II), which had been vacated by the supreme court's grant of transfer on October 13, 1998.

In December 1999, after the supreme court issued its decision in Poekiman II providing that each defendant was responsible for postjudgment interest on its judgment for damages, the Renners requested payment of post-judgment interest from Grubnich and the Fund on their respective liabilities. The Fund paid its portion of the interest on January 21, 2000; however, Grubnich refused to pay. On March 20, 2000, the Renners filed a motion for costs and postjudgment interest. They also sought attorney fees pursuant to Indiana Code Section 34-52-1-1, claiming that Grubnich's defense was frivolous, groundless, or unreasonable. Grubnich argued that Poehkiman II did not apply to this case because it was decided after final judgment was entered in March 1999. Thus, Grubnich argued that Poekiman II was a change in the law that could not be applied retroactively. On August 22, 2000, the trial court granted the Renners' motion for post-judgment interest and denied their request for attorney fees.

Discussion and Decision

I. Jurisdiction

First, Grubnich contends that because final judgment had been entered, the trial court lacked subject matter jurisdiction 2 and could not award post-judgment interest approximately three years after the judgment. Specifically, Grubnich argues that the trial court did not enter an award of postjudgment interest at the time it entered judgment. The Renners counter that the right to post-judgment interest is provided by statute and that it is therefore unnecessary for the trial court to order specifically an award of post-judgment interest at the time it enters final judgment.

Indiana Code Section 24-4.6-1-101 states:

Exeept as otherwise provided by statute, interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at:
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(2) an annual rate of eight percent (8%) if there was no contract by the parties.

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Grubnich v. Renner, 746 N.E.2d 111, 2001 Ind. App. LEXIS 616, 2001 WL 350664 (Ind. Ct. App. 2001).

746 N.E.2d 111 (Grubnich v. Renner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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