Hilliard v. Jacobs

10 Citing cases

  1. Harshaw v. Harshaw (In re Harshaw)

    26 F.4th 768 (7th Cir. 2022)   Cited 3 times

    The decretal language after paragraph 55 then echoes this key language of a money judgment: "IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that Elizabeth A. Harshaw is hereby awarded a judgment in the sum of Four Hundred Thirty-Five Thousand Dollars & 00/100 ($435,000.00) in her favor and against the defendant." See Hilliard v. Jacobs , 916 N.E.2d 689, 694 (Ind. App. 2009) (holding that "any order that requires the payment of a sum of money and states the specific amount due , whether labeled as a mandate or a civil money judgment, is a ‘judgment for money’ " (emphasis in original)); United Farm Bureau Mutual Insurance Co. v. Ira , 577 N.E.2d 588, 593 (Ind. App. 1991) ("The key to a money judgment is the statement of an amount due. A money judgment must be certain and definite.

  2. Harshaw v. Harshaw (In re Harshaw)

    No. 21-1423 (7th Cir. Feb. 23, 2022)

    "IT IS THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED that Elizabeth A. Harshaw is hereby awarded a judgment in the sum of Four Hundred Thirty-Five Thousand Dollars & 00/100 ($435,000.00) in her favor and against the defendant." See Hilliard v. Jacobs, 916 N.E.2d 689, 694 (Ind. App. 2009) (holding that "any order that requires the payment of a sum of money and states the specific amount due, whether labeled as a mandate or a civil money judgment, is a 'judgment for money'" (emphasis in original)); United Farm Bureau Mutual Insurance Co. v. Ira, 577 N.E.2d 588, 593 (Ind. App. 1991) ("The key to a money judgment is the statement of an amount due.

  3. Harris v. Copas

    165 N.E.3d 611 (Ind. App. 2021)   Cited 5 times

    A ‘money judgment’ is "any order that requires the payment of a sum of money and states the specific amount due , whether labeled as a mandate or a civil money judgment." Hilliard v. Jacobs , 916 N.E.2d 689, 694 (Ind. Ct. App. 2009), trans. denied. "The key to a money judgment is the statement of an amount due.

  4. Song v. Iatarola

    76 N.E.3d 926 (Ind. App. 2017)   Cited 26 times
    Explaining that the trial court is considered an expert on attorney fees and may judicially know what constitutes a reasonable fee

    A judgment for money is "any order that requires the payment of a sum of money and states the specific amount due , whether labeled as a mandate or a civil money judgment." Hilliard v. Jacobs , 916 N.E.2d 689, 694 (Ind. Ct. App. 2009) (emphasis original). Prejudgment interest is awarded to fully compensate an injured party for the lost use of money.

  5. Control Bldg. Servs., Inc. v. Simon Servs., Inc.

    35 N.E.3d 316 (Ind. App. 2015)

    [10] A money judgment is “any order that requires the payment of a sum of money and states the specific amount due, whether labeled as a mandate or a civil money judgment.” Hilliard v. Jacobs, 916 N.E.2d 689, 694 (Ind.Ct.App.2009) (emphasis removed), trans. denied.

  6. Hilliard v. Jacobs

    929 N.E.2d 787 (Ind. 2010)

    No. 916 N.E.2d 689.March 4, 2010.

  7. Hair v. Goldsberry

    204 N.E.3d 275 (Ind. App. 2023)

    The order, which concluded that the parties had settled their dispute and enforced their settlement agreement, merely acknowledged and ratified the agreement and did not alter its terms. [10] In his motion for pre-judgment and post-judgment interest, and now on appeal, Hair relies on Hilliard v. Jacobs, 916 N.E.2d 689 (Ind. Ct. App. 2009), trans. denied. In every case we considered in Hilliard , we looked to the nature of the underlying transaction to determine whether a particular court order was the legal equivalent of a money judgment.

  8. Handshoe v. Commissioner of Indiana Department of Environmental Management

    No. 20A-PL-200 (Ind. App. Dec. 29, 2020)

    We have held that any order that requires the payment of a sum of money and states the specific amount due, whether labeled as a mandate or a civil money judgment, is a "judgment for money." Hilliard v. Jacobs, 916 N.E.2d 689, 695 (Ind.Ct.App. 2009), trans. denied. Thus, the portion of the agreed judgment requiring Handshoe to pay a civil penalty constitutes a money judgment for which he cannot be found in contempt.

  9. Ind. Bureau of Motor Vehicles v. Gurtner

    27 N.E.3d 306 (Ind. App. 2015)   Cited 54 times
    Holding that the general rule is that an argument or issue presented for the first time on appeal is waived for the purposes of appellate review

    [5] Whatever can be said about the petition for judicial review called for in Indiana Code section 9–25–6–16, we know that it is not the agency-deferential review set forth in the AOPA. What is at issue here is essentially a question of statutory interpretation—whether the BMV has any discretion in deciding to suspend Gurtner's license. Such questions are purely of law and therefore reviewed de novo. Hilliard v. Jacobs, 916 N.E.2d 689, 692–93 (Ind.Ct.App.2009), trans. denied.

  10. Hilliard v. Jacobs

    927 N.E.2d 393 (Ind. Ct. App. 2010)   Cited 40 times
    Affirming the trial court's denial of plaintiff's motion to amend complaint where new claims could have been raised in original complaint and motion was filed after trial court issued summary judgment order

    Our recitation of the underlying facts is substantially taken from the three prior Court of Appeals opinions spawned in this case. See Hilliard v. Jacobs, 916 N.E.2d 689 (Ind.Ct.App. 2009), trans. denied; Hilliard v. Jacobs, 874 N.E.2d 1060 (Ind.Ct. App. 2007), reh'g denied, trans. denied, cert. denied, ___ U.S. ___, 129 S.Ct. 287, 172 L.Ed.2d 150 (2008); Jacobs v. Hilliard, 829 N.E.2d 629 (Ind.Ct.App. 2005), reh'g denied, trans.