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Civil Practice : Post-Judgment Interest – Non-Tort Action
Stephanie Maniscalco//September 27, 2017
Where hospital patients appealed the dismissal of their claims challenging the hospital defendant’s attempt to collect post-judgment interest that was not expressly awarded in their underlying lawsuits, post-judgment interest for non-tort actions is awarded as a matter of law under Section 408.040.1 and automatically accrues whether or not expressly included in the judgment, but on remand the trial court should consider the petitions’ additional allegations, which may state a claim upon which relief may be granted.
Vacated; remanded.
Dennis v. Riezman Berger, P.C. (MLW No. 71070/Case No. SC96038 – 7 pages) (Supreme Court of Missouri, Powell, J.; all concur) Appealed from circuit court, St. Louis County, Cohen, J. (Alexander J. Cornwell and Bryan E. Brody, St. Louis, for appellants) (Nelson L. Mitten and Paul A. Grote, St. Louis, and Nicholas G. Higgins, Eureka, for respondents).
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