These appeals arise out of a dispute between two partners in a failed real estate venture. In the main appeal, Murphy appeals from the judgment entered on the jury verdict, contending that the trial court erred in allowing McCaughey to have a jury trial and to relitigate liability, in its jury instructions, and in denying Murphy’s request for prejudgment interest on the amount awarded by the jury. McCaughey cross-appeals, contending the trial court should have reduced the amount of the jury verdict by half. We do not agree with Murphy that McCaughey waived his right to a jury trial or that the trial court erred in allowing McCaughey to relitigate liability. But we agree with Murphy that because the sum awarded Murphy was in the nature of contribution, he was entitled to prejudgment interest. We therefore vacate the judgment in Case no. A03A0506 and remand the case to the trial court for the addition of prejudgment interest to Murphy’s award. We do not agree with McCaughey that Murphy’s award should have been reduced by half, and we affirm the judgment in Case no. A03A0507. This case has been pending in Georgia’s courts since 1988, and it has appeared in the appellate courts three times prior to this appeal. Originally, the trial court appointed an auditor to investigate the facts and report to the court pursuant to OCGA § 9-7-8. McCaughey v. Murphy , 225 Ga. App. 874 485 SE2d 511 1997 McCaughey .1 The auditor concluded that only Murphy was entitled to relief, and the trial court adopted the auditor’s report and awarded Murphy 20 percent of operating costs incurred after 1986. McCaughey appealed, and in McCaughey , this court concluded that the auditor erred in assuming that McCaughey could withdraw from or reduce his interest in the partnership unilaterally or that he had done so, thereby limiting his liability. We held that McCaughey’s interest could not be altered without complying with the partnership agreement, and that the trial court had therefore erred in adopting the auditor’s findings. Id. at 876-877 2. This court also held in McCaughey that both Murphy and McCaughey had been obligated to complete the project and to provide funds, if needed, from sources other than the industrial revenue bonds originally used to finance the project. We found that the record indicated that Murphy had paid “substantially more” than McCaughey when both were equally bound. Id. at 878 3. We therefore remanded the case for determination by the trial court of the amount of contribution McCaughey owed Murphy for “valid partnership obligations paid by Murphy” pursuant to the guarantee of a letter of credit issued by Citibank when it issued additional bonds to finance the project. Id. We also remanded for determination by the trial court whether Murphy had “properly expended any other amounts on behalf of the partnership” either under partnership obligations of McCaughey as general partner or under any contractual agreement. Id.
The case returned to the trial court, with the issues for determination clearly narrowed by this court’s opinion in McCaughey . A jury awarded Murphy $487,500. Murphy then requested that the trial court award prejudgment interest in the amount of $445,965, plus costs and post judgment interest. The addition of prejudgment interest was opposed by McCaughey, and the trial court denied Murphy’s request and entered judgment on the jury’s verdict awarding Murphy $487,500. This appeal and cross-appeal ensued.
