Ohio Court of Appeals, 2004

Asset Acceptance v. MacK, Unpublished Decision (3-18-2004)

Ohio Court of Appeals · Decided March 18, 2004 · FARMER, J.

2004 Ohio 1282

Dissenting Opinion

{¶ 8} I respectfully dissent.

{¶ 9} I participated in this Court's decision in Ucker v.Ucker (April 26, 1999), Fairfield App. No. 98CA00055, unreported. Upon revisiting Ucker, I now believe our decision therein was in error.

{¶ 10} I would adopt the rationale and holding of HuntingtonNational Bank v. Battaglia (March 25, 1994), Portage County App. Nos. 92-P-0100, 92-P-0101, unreported. In accordance therewith, I would reverse the trial court's judgment and remand the matter to it to recompute interest pursuant to Battaglia.

Opinion of the Court

OPINION{¶ 1} On March 14, 1990, Bank One was granted judgment against appellant, Terry Mack, in the amount of $1,718.98 plus thirteen percent interest. The judgment was subsequently assigned to appellee, Asset Acceptance LLC.

{¶ 2} On August 4, 2003, appellee filed a motion to revive judgment. By judgment entry filed September 18, 2003, the trial court granted the motion with accrued interest from the original date of judgment.

{¶ 3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I{¶ 4} "The trial court committed prejudicial error in reviving a lapsed judgment to include interest from the date of the original judgment. this error is reflected in the record by the judgment entry dated september 18, 2003."

I{¶ 5} Appellant claims the trial court erred in reviving a lapsed judgment to include interest. Consistent with this court's reasoning in Ucker v. Ucker (April 26, 1999), Fairfield App. No. 98CA00055, this court finds a dormant judgment may accrue interest.

{¶ 6} The sole assignment of error is denied.

{¶ 7} The judgment of the Municipal Court of Ashland County, Ohio is hereby affirmed.

Edwards, J. concur.

Hoffman, P.J. dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.