Post-Trial and Post-Judgment Matters
Prejudgment Interest
Except as indicated, all indented material is copied directly from the court’s opinion.
Decisions of the Tennessee Supreme Court
Decisions of the Tennessee Court of Appeals
In re Estate of Waller, No. M2022-00183-COA-R3-CV, p. 5 (Tenn. Ct. App. Nov. 2, 2022).
An award of prejudgment interest “is within the sound discretion of the trial court.” In exercising its discretion, “the court must decide whether the award of prejudgment interest is fair, given the particular circumstances of the case.” Myint v. Allstate Ins. Co., 970 S.W.2d 920, 927 (Tenn. 1998).
Buckley v. Carlock, No. M2019-02294-COA-R3-CV (Tenn. Ct. App. Feb. 28, 2022).
Whether to award prejudgment interest “is within the sound discretion of the trial court.” Spencer v. A-1 Crane Serv., Inc., 880 S.W.2d 938, 944 (Tenn. 1994). The court’s decision will not be disturbed on appeal “unless the record reveals a manifest and palpable abuse of discretion.” Otis v. Cambridge Mut. Fire Ins. Co., 850 S.W.2d 439, 446 (Tenn. 1992). The court “must decide whether the award of prejudgment interest is fair, given the particular circumstances of the case.” Myint v. Allstate Ins. Co., 970 S.W.2d 920, 927 (Tenn. 1998).
