"Section 45-104 applies to four types of judgments." Farm & Garden Ctr., L.L.C. v. Kennedy, 921 N.W.2d 615, 633 (Neb. Ct. App. 2018). Of the four, the judgment is not on account of a settlement of an account, money received without consent, or money loaned or due.
In a 2009 case, the Court of Appeals reached the same conclusion, noting that although the plaintiff did not request interest in the prayer of its petition, the plaintiff was entitled to interest under § 76-711 (Reissue 2003).Farm & Garden Ctr. v. Kennedy , 26 Neb. App. 576, 921 N.W.2d 615 (2018).Id. at 600, 921 N.W.2d at 632.
Resolving that tension requires that we recognize, and reconcile, competing and contradictory lines of authority in our own jurisprudence. See, e.g., cases cited supra note 1; Farm & Garden Ctr. v. Kennedy , 26 Neb. App. 576, 921 N.W.2d 615 (2018) (petition for further review denied January 23, 2019). We begin with an overview of our case law on prejudgment interest before the adoption of § 45-103.02.
The “Nebraska Supreme Court has held that ‘if a statutory basis exists for an award of interest, . . . interest can be awarded even if the petition is silent as to a request for interest.'” AVG Partners I, LLC v. Genesis Health Clubs of Midwest, LLC, 307 Neb. 47 (2020) (quoting Farm & Garden Ctr., L.L.C. v. Kennedy, 26 Neb.App. 576 (2018). “Specifically requesting interest in the complaint is encouraged, because it clearly puts the opposing party on notice.
See Arens v. NEBCO, Inc., 291 Neb. 834, 870 N.W.2d 1 (2015). A motion for new trial is addressed to the discretion of the trial court, whose decision will be upheld in the absence of an abuse of that discretion. Robinson v. Dustrol, Inc., 281 Neb. 45, 793 N.W.2d 338 (2011); Farm & Garden Ctr. v. Kennedy, 26 Neb. App. 576, 921 N.W.2d 615 (2018). A motion for new trial should be granted only where there is error prejudicial to the rights of the unsuccessful party.
An abuse of discretion occurs when a trial court's decision is based upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence. Farm & Garden Ctr. v. Kennedy, 26 Neb. App. 576, 921 N.W.2d 615 (2018). V. ANALYSIS