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Dayton Head Neck Surgeons, Inc. v. Maitlen

Court of Appeals of Ohio, Second District, Darke County
Feb 13, 2009
2009 Ohio 693 (Ohio Ct. App. 2009)

Opinion

No. 08-CA-1732.

Rendered on February 13, 2009.

Civil Appeal from County Court, Trial Court No. 07-CVF-001-1091.

Stephen E. Klein, Atty. Reg. #0014351, Attorney for Plaintiff-Appellant.

Greg L. Maitlen and Tammy J. Maitlen, Defendant-Appellees, pro se.


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 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.

Judges Brogan, Fain and Grady concur.


Summaries of

Dayton Head Neck Surgeons, Inc. v. Maitlen

Court of Appeals of Ohio, Second District, Darke County
Feb 13, 2009
2009 Ohio 693 (Ohio Ct. App. 2009)
Case details for

Dayton Head Neck Surgeons, Inc. v. Maitlen

Case Details

Full title:Dayton Head Neck Surgeons, Inc., Plaintiff-Appellant v. Greg L. Maitlen…

Court:Court of Appeals of Ohio, Second District, Darke County

Date published: Feb 13, 2009

Citations

2009 Ohio 693 (Ohio Ct. App. 2009)