Long v. Hendricks

793 P.2d 1223, 117 Idaho 1051, 1990 Ida. LEXIS 84
CourtIdaho Supreme Court
DecidedMay 29, 1990
Docket17635
StatusPublished
Cited by13 cases

This text of 793 P.2d 1223 (Long v. Hendricks) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Long v. Hendricks, 793 P.2d 1223, 117 Idaho 1051, 1990 Ida. LEXIS 84 (Idaho 1990).

Opinions

JOHNSON, Justice.

This is a personal injury case that has been the subject of a prior appeal in which [1052]*1052the decision was rendered by the Court of Appeals (Long I). Long v. Hendricks, 109 Idaho 73, 705 P.2d 78 (Ct.App.1985). The present appeal followed the remand by the Court of Appeals in Long I and the entry of a supplemental judgment by the trial court. On this appeal we again assigned the case to the Court of Appeals. The Court of Appeals affirmed the supplemental judgment of the trial court in all respects. Long v. Hendricks, 114 Idaho 157, 754 P.2d 1194 (Ct.App.1988). We granted review of the decision of the Court of Appeals at the request of Long. Following the issuance of our initial opinion in March 1989, we granted rehearing.

We have reviewed and considered the briefs, the record, the opinions of the Court of Appeals in Long I and in this appeal. We have also heard and considered the arguments of counsel. Considering all of these, we concur with the decision of the Court of Appeals except in one respect. We reverse the supplemental judgment of the trial court to the extent that it did not award Long interest on the amount of the additional medical expenses and on the amount of the original judgment up to the date of the tender of the amount of that judgment. In all other respects we affirm the supplemental judgment of the trial court. As to all of the issues except one on which we affirm the trial court, we do so on the basis of the opinion of the Court of Appeals. In affirming the trial court’s denial of post judgment interest on the amount of the original judgment, we depart somewhat from the rationale of the Court of Appeals.

I.

LONG IS NOT ENTITLED TO POST JUDGMENT INTEREST ON THE ORIGINAL JUDGMENT.

The trial court refused to award Long post judgment interest on the amount of the original judgment. The trial court’s rationale for this decision was that the notice of tender of the amount of the judgment was an “unconditional tender” as provided for in I.C. § 10-1115 (1979). This notice of tender stated that the clerk of the court was authorized to release the funds tendered “upon the presentation of a Satisfaction of Judgment, duly executed by [Long].” The Court of Appeals concluded that Long had failed to establish that he would have been prejudiced by accepting the amount tendered. 114 Idaho at 160, 754 P.2d at 1197. We conclude that he would have been prejudiced in his right to appeal, if he had accepted the amount tendered, regardless of whether he had signed a satisfaction of judgment. For this reason we view this issue in a different light than either the trial court or the Court of Appeals.

We focus not on the condition imposed by the Hendrickses, but instead on the fact that Long chose to appeal the denial of a new trial. We conclude that when he chose to appeal and not to accept the amount of the original judgment that was tendered, he gave up the right to claim post judgment interest.

Following the trial, Long filed a motion for an additur or, in the alternative, for a new trial. The trial court denied this motion. The denial of the motion was one of the issues Long raised in Long I. If the trial court or the Court of Appeals had granted Long a new trial, he might have received less as a result of the new trial than he did in the first trial.

Long chose to forego the collection of the judgment he received and to appeal the denial of a new trial. Whether the tender by the Hendrickses had been made pursuant to I.C. § 10-1115 or in the form in which it was made, Long could not have accepted it and still have pursued his appeal.

I.C. § 10-1115 provides a procedure for a judgment debtor to satisfy a judgment. By this procedure the judgment creditor is guaranteed full payment of the judgment, and the judgment debtor is given an opportunity to clear the title to property that would be subject to a judgment lien. Ra[1053]*1053dioear Corp. v. Crouse, 97 Idaho 501, 505, 547 P.2d 546, 550 (1975). In Radioear this Court held that the depositing of funds with the clerk by the judgment debtor was not inconsistent with the judgment debtor’s right to move to vacate the judgment. Where the judgment debtor not only deposits funds with the clerk, but also authorizes the release of the funds to the judgment creditor, the judgment debtor may not then appeal the judgment. Bob Rice Ford, Inc. v. Donnelly, 98 Idaho 313, 315, 563 P.2d 37, 39 (1977). Here, we are presented with an appeal by a judgment creditor instead of a judgment debtor following a tender that was purportedly pursuant to I.C. § 10-1115.

Since the Hendrickses conditioned their tender by requiring Long personally to sign a satisfaction of judgment, the tender did not conform to the procedure provided in I.C. § 10-1115. However, the fact that it did not is irrelevant to our consideration here. In fact, the clerk did sign a satisfaction of judgment pursuant to I.C. § 10-1115.

The tender put Long to the choice of either appealing or accepting the amount tendered. He could not have done both. His acceptance of the tendered amount would have foreclosed his appeal.

In Bechtel v. Evans, 10 Idaho 147, 77 P. 212 (1904), this Court stated principles that are germane to the issue presented here. There, a judgment had been entered. Defendant contested some items in the cost bill which plaintiff had submitted, and some of the costs were disallowed by the trial court. The judgment debtor then paid to the clerk of the court the full amount of the judgment, including the awarded costs, plus accrued interest on both the amount recovered and costs. That sum, in turn, was paid to the judgment creditor. The attorney for the judgment creditor signed a satisfaction of the entire amount of the judgment which was duly entered upon the docket. The judgment creditor subsequently appealed the order granting costs. The judgment debtor moved to dismiss the appeal on the grounds that the judgment had been satisfied, and therefore the judgment creditor could not prosecute an appeal. This Court agreed and said:

It seems to us, as a general proposition of law, that a successful party should not be allowed to gather in and . enjoy the fruits of his judgment and thereafter prosecute an appeal and complain of error committed against him.
Upon reason and principle, however, it appears to us that the test should be this: If the party has collected his judgment, and in seeking to gain more by the prosecution of an appeal thereby incurs the hazard of eventually recovering less, then his appeal should be dismissed. If, on the other hand, the appeal is from such an order or judgment as that he could in no event recover a less favorable judgment and that he incurs no hazard of ever receiving less than the judgment already collected by him, we see no objection to the prosecution of his appeal, (Cowles v. Dickenson, 8 Cow. 328; Knapp v. Brown, 45 N.Y. 207; Alexander v. Alexander, 104 N.Y. 643, 10 N.E. 37.)
... This is not a case where a new trial could be ordered.

10 Idaho at 149-50, 77 P.

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Long v. Hendricks
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Cite This Page — Counsel Stack

Bluebook (online)
793 P.2d 1223, 117 Idaho 1051, 1990 Ida. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-hendricks-idaho-1990.