Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Crisler v. Haugabook

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements