Bailey v. McQuaide, Unpublished Decision (5-24-2002)
Bailey v. McQuaide, Unpublished Decision (5-24-2002)
Opinion of the Court
"THE TRIAL COURT ABUSED ITS DISCRETION BY AWARDING ON A DEFAULT JUDGMENT A POST JUDGMENT RATE OF INTEREST LESS THAN THE RATE OF INTEREST STIPULATED IN THE CONTRACT AND LESS THAN THE RATE OF INTEREST DEMANDED IN PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT."
The parties entered into a fee agreement whereby appellee agreed to pay 1.5 percent per month on any amount billed that became more than 30 days past due. Appellee was delinquent on her account with appellant. Appellant filed suit and received a default judgment against appellee. The trial court awarded appellant $4,938.99, as prayed for in the complaint, but reduced the monthly interest rate to one percent.
R.C.
On consideration whereof, the court finds substantial justice has not been done the party complaining and the judgment of the Sandusky Municipal Court, Erie County, is reversed. Pursuant to App.R. 12(B), we find that K. Ronald Bailey Associates Co., L.P.A., is granted judgment against Barbara McQuaide in the amount of $4,938.99, together with interest at the rate of 1.5 percent per month from October 18, 2001, and costs of this action.
JUDGMENT REVERSED.
Peter M. Handwork, J., Melvin L. Resnick, J., and Richard W. Knepper,J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.