Judgment Creditor Who Successfully Appeals The Adequacy Of A Judgment Rendered In Its Favor Is Entitled To Post-Judgment Interest Pending Disposition Of The Appeal
01/29/08
Judgment creditor appealed trial court's $35,000.00 offset against a $1,735,352.18 judgment. Judgment creditor prevailed on appeal. On remand trial court then ordered judgment satisfied upon judgment debtor's payment of $1,735,352.18, finding that judgment creditor is not entitled to post-judgment interest where judgment creditor appeals the adequacy of its recovery under the Southern Real Estate exception. Judgment creditor appealed contending the Southern Real Estate exception only applies if 1) the judgment creditor appeals the adequacy of the judgment and 2) the judgment creditor loses the appeal. Court of appeals agrees with judgment creditor, finding as a matter of law that a judgment creditor who successfully appeals the adequacy of a judgment rendered in its favor is entitled to post-judgment interest pending disposition of the appeal. Cadco, Inc., v. Fleetwood Enterprises, Inc., Docket No. ED90027 (Mo.App.E.D. 1/29/2008)
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