Resner v. Northern Pacific Railway

Montana Supreme Court

Resner v. Northern Pacific Railway

520 P.2d 655, 164 Mont. 176, 1974 Mont. LEXIS 486

CourtMontana Supreme Court

DecidedMarch 25, 1974

DocketNo. 12669

StatusPublished

Cited by4 cases

This text of 520 P.2d 655 (Resner v. Northern Pacific Railway) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Resner v. Northern Pacific Railway, 520 P.2d 655, 164 Mont. 176, 1974 Mont. LEXIS 486 (Mo. 1974).

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Opinion

[177]*177ORDER

PER CURIAM:

Defendant’s motion to dismiss plaintiff’s appeal is granted. Reason: The district court’s computation of interest in its amended judgment of February 21, 1973, is correct. Authority: Stockton Theatres, Inc., v. Palermo, 55 Cal.2d 439, 11 Cal.Rptr. 580, 582, 360 P.2d 76, specifically the following rule: “* * * when a judgment is reversed on appeal the new award subsequently entered by the trial court can bear interest only from the date of entry of such new judgment.” Rationale: As tort claims do not bear interest until the amount of damages is determined by judgment, the additional award of $65,759.51 bears interest only from the date of the judgment therefor, February 21, 1973.

Defendant’s motion to assess damages against plaintiff for a frivolous appeal is denied. Reason: We choose not to exercise this discretionary power in this case as these successive appeals and applications are, in our view, the product of misdirected efforts flowing from the misguided judgment of plaintiff’s counsel.

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[177]*177ORDER

PER CURIAM:

Defendant’s motion to dismiss plaintiff’s appeal is granted. Reason: The district court’s computation of interest in its amended judgment of February 21, 1973, is correct. Authority: Stockton Theatres, Inc., v. Palermo, 55 Cal.2d 439, 11 Cal.Rptr. 580, 582, 360 P.2d 76, specifically the following rule: “* * * when a judgment is reversed on appeal the new award subsequently entered by the trial court can bear interest only from the date of entry of such new judgment.” Rationale: As tort claims do not bear interest until the amount of damages is determined by judgment, the additional award of $65,759.51 bears interest only from the date of the judgment therefor, February 21, 1973.

Defendant’s motion to assess damages against plaintiff for a frivolous appeal is denied. Reason: We choose not to exercise this discretionary power in this case as these successive appeals and applications are, in our view, the product of misdirected efforts flowing from the misguided judgment of plaintiff’s counsel.

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520 P.2d 655, 164 Mont. 176, 1974 Mont. LEXIS 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/resner-v-northern-pacific-railway-mont-1974.

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