Motherhead v. Douglas

3 Citing cases

  1. Daniel v. Ark. Dep't of Human Servs.

    2017 Ark. 206 (Ark. 2017)   Cited 3 times
    In Daniel v. Arkansas Department of Human Services, 2017 Ark. 206, 520 S.W.3d 258, the supreme court addressed the precise issue in this case: does statutory postjudgment interest on attorney's fees accrue when the right thereto was first established or when the fees were actually quantified in dollars and cents? The supreme court held that the holdings in Mothershead and Glover were irrelevant, because they addressed only the effect of a judgment that had been either reversed or modified on appeal, and concluded that postjudgment interest on an attorney's-fee award accrues when the award is quantified in dollars and cents.

    In Mothershead v. Douglas , we held that when a judgment is affirmed as modified on appeal, the postjudgment interest accrues from the date of the original judgment. 221 Ark. 756, 255 S.W.2d 953 (1953). We reaffirmed this principle in Glover v. Woodhaven Homes, Inc. , 346 Ark. 397, 57 S.W.3d 211 (2001).

  2. Glover v. Woodhaven Homes, Inc.

    346 Ark. 397 (Ark. 2001)   Cited 29 times
    Holding that the rights of the parties must not be sacrificed by placing form over substance

    As stated above, this court has never addressed the issue of computation of postjudgment interest following a reversal by an appellate court. However, in Mothershead v. Douglas, 221 Ark. 756, 255 S.W.2d 953 (1953), this court awarded interest from the date of the original order following modification of the judgment on appeal. That case was the fourth appeal from a suit brought by corporate directors against the corporation to foreclose on a mortgage that the directors had purchased to pay off a debt owed by the corporation. The trial court initially found in favor of the directors and ordered foreclosure.

  3. Wilson v. State

    2017 Ark. App. 553 (Ark. Ct. App. 2017)

    39, which satisfied the principal and interest due on the jury verdict, the principal amount of attorney's fees and costs awarded, and the interest accruing on the attorney's fees and costs from 22 April 2016 to 22 June 2016. What remained, however, was a dispute over whether interest on the attorney's fees and costs should be calculated from the date of the judgment on the jury verdict or the date the fees and costs were quantified. Wilson argued that interest should be calculated from the date of the judgment on the jury verdict, and while acknowledging that it was not directly on point, cited Mothershead v. Douglas, 221 Ark. 756, 255 S.W.2d 953 (1953), in support. In that case, our supreme court held that when a judgment is affirmed as modified on appeal, the postjudgment interest accrues from the date of the original judgment.