Wilson v. Nelson Hall Chev
Wilson v. Nelson Hall Chev
Opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 95-60107 _____________________
TIMOTHY R. WILSON,
Plaintiff-Appellee,
versus
NELSON HALL CHEVROLET, INC., ET AL.,
Defendants,
NELSON HALL CHEVROLET, INC.,
Defendant-Appellant. _________________________________________________________________
Appeal from the United States District Court for the Southern District of Mississippi (4:93-CV-83-LN) _________________________________________________________________
January 12, 1996
Before JOLLY, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Defendant-appellant Nelson Hall Chevrolet, Inc. appeals the
district court's judgment in favor of plaintiff-appellee Timothy R.
Wilson. Having reviewed the record and briefs of the parties, we
affirm the district court's entry of judgment in favor of Wilson on
all issues except the award of interest.
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. The district court erred in awarding, as compensatory damages,
the full amount of interest Wilson paid on the note used to finance
the purchase of the automobile. The jury appears to have
determined that $6,000.00 was the actual value of the automobile at
the time of purchase. Wilson's trade-in allowance was $2,431.09,
which when subtracted from the actual value of the car leaves
$3,568.91 as the amount of the indebtedness on which Wilson was
lawfully obligated to pay interest. Thus, any interest Wilson paid
on that amount is not a component of the damages suffered by Wilson
on account of Nelson Hall's conduct. We therefore REVERSE only
that portion of the judgment constituting the interest on that
amount and REMAND for recalculation of damages based on the
foregoing.
AFFIRMED in part and REVERSED and REMANDED in part.1
1 We dismiss Wilson's motion to supplement the record on appeal as moot.
-2-
Reference
- Status
- Unpublished