Hartford Fire Insurance v. Sauer

186 S.W.3d 229, 358 Ark. 89
CourtSupreme Court of Arkansas
DecidedJune 17, 2004
Docket04-127
StatusPublished
Cited by13 cases

This text of 186 S.W.3d 229 (Hartford Fire Insurance v. Sauer) 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
Hartford Fire Insurance v. Sauer, 186 S.W.3d 229, 358 Ark. 89 (Ark. 2004).

Opinion

Robert L. Brown, Justice.

Appellants, Hartford Insurance ostice. Inc., appeal from, the circuit court’s final judgment awarding the appellee, Lon C. Sauer, as Administrator of the Estate ofMargaretha Sauer (the Estate), the sum of $26,400,000 plus ten percent interest per annum from June 29, 2001, and $25,000 plus six percent interest from the same date. The sole point on appeal is that the circuit court erred in awarding ten percent postjudgment interest on the $26.4 million tort judgment as that interest rate is in excess of the maximum rate ofinterest permitted under the Arkansas Constitution. We agree with the appellants, and we reverse the case and remand for an order consistent with this opinion.

In Advocat, Inc. v. Sauer, 353 Ark. 29, 111 S.W.3d 346 (2003) (Advocat I), this court affirmed a nursing-home negligence jury verdict in the Estate’s favor on condition of remitittur. Following the denial of certiorari by the United States Supreme Court, see Advocat, Inc. v. Sauer, 124 S. Ct. 532 (2003), and Sauer v. Advocat, Inc. 124 S. Ct. 535 (2003), the Estate moved the circuit court for execution on the posted supersedeas bonds. The motion asserted that the statutory rate of interest on judgments is ten percent under Ark. Code Ann. § 16-65-114(a) (1987). The original judgment in the trial court had provided that postjudgment interest would accrue “from the date of entry until satisfied as provided by Ark. Code Ann. § 16—6[5]—l 14(a) ,” 1 The motion requested the circuit court to “enter judgment against the sureties and execution on the supersedeas bonds posted in this case in the amount of $26,425,000 plus interest at the rate of 10 percent per annum since the date of the entry of the judgment by this Court, which amount is $32,752,520.55 as of Novembér 20, 2003,” to increase “in the amount of $7,239.73 per day thereafter.”

Advocat responded to the Estate’s motion and contended that the Estate had miscalculated the rate of interest to be imposed on the remitted judgment. It asserted that Article 19, § 13, of the Arkansas Constitution prohibits interest in excess of “five percent per annum above the Federal Reserve Discount Rate at the time of the contract” and that § 16-65-114(a) limits postjudgment interest by Article 19, § 13. 2 It further claimed that on June 29, 2001, the date of the judgment against it and appealed from in Advocat I, the applicable federal interest rate under the Arkansas Constitution was 3.25 percent. With the added five percent, Advocat maintained that the proper rate of interest under § 16-65-114(a) should have been 8.25 percent. It concluded that because an interest rate often percent on the judgment would exceed the amount permitted by the constitution, § 16-65-114(a) required an interest rate of 8.25 percent on the Advocat judgment.

Following a hearing on the matter, the circuit court concluded that the judgment rate of interest should be ten percent. An order reflecting the court’s ruling was entered and read that the Estate was entitled to “$26,400,000.00, plus 10% interest per annum from June 29, 2001, which has been calculated at $7,232.88 per day and $25,000.00 plus 6% interest per annum from June 29, 2001, which has been calculated at $4.11 per day[.]”

The statute in question, § 16-65-114(a), reads as follows:

(a) Interest on any judgment entered by any court or magistrate on any contract shall bear interest at the rate provided by the contract or ten percent (10%) per annum, whatever is greater, and on any other judgment at ten percent (10%) per annum, but not more than the maximum rate permitted by the Arkansas Constitution, Article 19, § 13, as amended.

Ark. Code Ann. § 16-65-114(a) (1987). Again, the question before us is whether the reference to Article 19, § 13, limits postjudgment interest in all cases. Advocat contends on appeal that the circuit court’s award of ten percent postjudgment interest is contrary to the plain language of § 16-65-114(a). It claims that rather than proceeding under the statute, the circuit court relied on a 1995 decision of this court, which Advocat believes this court has since repudiated. Advocat specifically states that it does not challenge the interest rate applied by the circuit court to contract damages. Instead, it contends that the only question is the rate of interest the statute sets for “any other judgment,” which in this case is the $26.4 million judgment for tort damages. It asserts that the plain language of § 16-65-114(a) directs a court that is determining the rate of interest on a tort judgment to consider the maximum lawful interest rate set forth in Article 19, § 13, of the Arkansas Constitution as a cap on the rate of postjudgment interest. Advocat urges that because the maximum lawful interest rate was 8.25 percent, the circuit court erred in refusing to apply that rate and in setting the postjudgment interest at ten percent.

Hartford Fire Insurance claims that the limiting provision of § 16-65-114(a), “but not more than the maximum rate permitted by the Arkansas Constitution, Article 19, § 13, as amended[,]” refers to both preceding phrases of the statute — the phrase relating to postjudgment interest on contracts and the phrase relating to “any other judgment.” It points to the fact that Act 782 of 1985 added the “but not more than” provision to the then-existing statute, which pertained to postjudgment interest on any other judgment, Ark. Stat. Ann. § 29-124 (Repl. 1979), rather than the separate statute pertaining to postjudgment interest on contracts, Ark. Stat. Ann. § 29-125 (Repl. 1979). It argues that by Act 782, the General Assembly extended the State’s public policy of limiting interest rates to interest on judgments by limiting the rate of interest on any judgment to the floating ceiling provided for by the constitution.

The Estate responds that the issue in this case is whether this court should overrule Carroll Elec. Coop. Corp. v. Carlton, 319 Ark. 555, 892 S.W.2d 496 (1995), which dealt with § 16-65-114(a) and a tort judgment. The Estate asserts that in that case, this court held that Article 19, § 13, does not apply to interest on tort judgments, and that any interpretation of the statute by this court becomes a part of the statute itself. The Estate adds that in that decision, this court construed the statute to provide for ten percent interest per annum on all tort judgments and that any request to change that construction of the statute should be addressed to the General Assembly, not this court. The Estate further contends that the “but not more than” clause in the statute pertains only to judgments on contracts, not tort judgments. It also submits that this court’s opinion of Bank of America, N.A. v. C.D. Smith Motor Co., Inc., 353 Ark. 228, 106 S.W.3d 425 (2003), did not overrule Carroll Elec. Coop. Corp. v. Carlton, supra, as Bank of America involved breach of contract. Thus, there was no issue presented to this court in the Bank of America case on the rate ofinterest on a tort judgment. The Estate concludes that this case is resolved by the rule that a construction of a statute by this court becomes apart of the statute.

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

Related

Powell v. WestRock CP, LLC
W.D. Arkansas, 2024
Erik Rye v. Sonia Rye
2021 Ark. App. 286 (Court of Appeals of Arkansas, 2021)
Bd. of Trs. of the Ark. Pub. Emps. Ret. Sys. v. Garrison
2019 Ark. App. 245 (Court of Appeals of Arkansas, 2019)
Scudder v. Ramsey
2013 Ark. 115 (Supreme Court of Arkansas, 2013)
Southern Pioneer Life Insurance Co. v. Thomas
2011 Ark. 490 (Supreme Court of Arkansas, 2011)
Opinion No.
Arkansas Attorney General Reports, 2010
Payne v. Donaldson
379 S.W.3d 22 (Court of Appeals of Arkansas, 2010)
Baldwin v. Eberle
301 S.W.3d 475 (Court of Appeals of Arkansas, 2009)
Hickman v. Courtney
203 S.W.3d 632 (Supreme Court of Arkansas, 2005)
Freeman v. Rushton
202 S.W.3d 485 (Supreme Court of Arkansas, 2005)
Bailey v. Delta Trust & Bank
198 S.W.3d 506 (Supreme Court of Arkansas, 2004)
Nolan v. Little
196 S.W.3d 1 (Supreme Court of Arkansas, 2004)
Cockrell v. Union Planters Bank
194 S.W.3d 178 (Supreme Court of Arkansas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
186 S.W.3d 229, 358 Ark. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-fire-insurance-v-sauer-ark-2004.