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Crisler v. Haugabook

Prejudgment interest for liquidated damages is mandatory, not discretionary, and is awarded as a matter of law.

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In the first appearance of this case, we reversed the trial court’s grant of summary judgment to the Crislers for money had and received, and directed the trial court to enter judgment in favor of Haugabook. Haugabook v. Crisler , 297 Ga. App. 428 677 SE2d 355 2009 “Haugabook I “. In this case, the Crislers appeal from the trial court’s award of prejudgment interest to Haugabook. We affirm. In Haugabook I , an attorney falsely claimed that he had obtained a settlement for $1 million for his clients, the Crislers, when in fact he did almost nothing to pursue their wrongful death claim. Id. at 428-429. The attorney defrauded his father-in-law, Haugabook, into loaning him $1 million which he used in a check-kiting scheme to cover the $1 million wire transfer to the Crislers. Id. at 429-430. When the scheme was discovered, the Crislers refused to return the money. Id. at 430. Haugabook filed suit against the Crislers asserting several claims, including a claim for money had and received. Id. On cross-motions for summary judgment, the trial court held in favor of the Crislers. Id. at 430-431. We reversed, and instructed the trial court to enter summary judgment in favor of Haugabook holding that the Crislers received $1 million to which they were not entitled. Id. at 432-435.

Following the remittitur in Haugabook I , the trial court, on November 10, 2009, filed an order granting summary judgment to Haugabook as directed. On December 1, 2009, Haugabook amended his complaint making a prayer for prejudgment interest pursuant to OCGA § 7-4-15, and on December 7 filed a “Motion for Entry of Final Judgment Awarding Prejudgment Interest.” On February 9, 2010, the trial court entered a final judgment awarding Haugabook prejudgment interest at the legal rate provided in OCGA § 7-4-2 a 1 A.

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