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OPINION {¶ 1} Dayton Head Neck Surgeons, Inc., appeals from the judgment of the Darke County Court which failed to award it pre-judgment interest on the claim for payment of professional services rendered to defendants Greg and Tammy Maitlen.{¶ 2} The trial court granted the Appellant a default judgment when the Maitlens *Page 2 failed to answer the plaintiff's complaint. The trial court granted Appellant judgment in the amount of $1,351.98 plus post-judgment interest, but denied pre-judgment interest.
{¶ 3} Appellant argues the trial court erred in failing to award it pre-judgment interest on its contract claim which was not contested, and we agree. See Royal Elec. Consts. Corp. v. Ohio State Univ.,
73 Ohio St.3d 110 ,1995-Ohio-131 ; Dayton Securities Assoc. v. Avutu (1995), 105 Ohio App.3d 559, 566. The assignment of error is Sustained.{¶ 4} The judgment of the trial court is Reversed and the matter Remanded to the trial court to enter a judgment in the appropriate amounts.
*Page 1Judges Brogan, Fain and Grady concur.
Document Info
Docket Number: No. 08-CA-1732.
Citation Numbers: 2009 Ohio 693
Judges: PER CURIAM.
Filed Date: 2/13/2009
Precedential Status: Precedential
Modified Date: 7/6/2016