The issue in this case is whether, pursuant to OCGA § 9-11-67, post-judgment interest abated on funds deposited into the trial court’s registry pending the outcome of an appeal. Because all of the requirements of OCGA § 9-11-67 were not satisfied, we hold that post-judgment interest did not abate. In November 2008, Joan Flowers obtained a judgment against JTH Tax, Inc., d/b/a Liberty Tax Service, for breach of contract, fraud, punitive damages and attorney fees in the amount of $686,190.50. Three weeks later, JTH filed a motion for leave to deposit funds with the court pursuant to OCGA § 9-11-67, stating that it was not contesting the judgment entered on Flowers’ breach of contract claim, that it wanted to satisfy that portion of the judgment immediately and that it did not want to continue to accrue post-judgment interest on that undisputed amount. A week later, the trial court entered a consent order granting JTH’s § 9-11-67 motion. The order provided, inter alia, that JTH could deposit into the court registry $93,146.26, plus all post-judgment interest accrued until the date of the deposit; that the deposit was subject to withdrawal, in whole or in part, at any time upon request by Flowers; and that the accrual of interest on the deposited amount shall abate. Pursuant to that order, JTH deposited $93,567.42 into the court registry on December 29, 2008.
As to the judgment entered on the fraud, punitive damages and attorney fees claims, JTH moved for judgment notwithstanding the verdict. The trial court denied the motion, and JTH filed a notice of appeal in April 2009. Flowers subsequently filed a motion for supersedeas bond pursuant to OCGA § 5-6-46 a, requesting that JTH be required to post a bond sufficient to secure the amount of the judgment being appealed. In its response to the motion for supersedeas bond, JTH stated that it wanted to deposit funds with the court as security. The trial court subsequently entered a consent order, providing that JTH could deposit $620,719.64 with the court, that upon the deposit the supersedeas on appeal would continue in effect, and that the funds would be held in the court registry until the remittitur in the appeal is returned to the trial court. The order further provided that if, under various circumstances pertaining to the appeal, JTH satisfied the judgment in full, the funds plus accrued interest shall be returned to JTH; but if JTH “does not meet these conditions, Plaintiff Joan Flowers may apply to this Court for an order disbursing these funds to satisfy whatever judgment remains after the final disposition of the appeal.” In September 2009, JTH deposited the funds into the court registry, noting on its check stub that the $620,719.64 deposit was for a bond.
