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.