Opinion
Case No. 03COA055.
DATE OF JUDGMENT ENTRY: March 18, 2004.
Appeal from the Municipal Court, Case No. 90CVF62.
Affirmed.
Kimberly A. Klemenok, ERIC T. KOHUT, JENNIFER A. WOODS, P.O. Box 318037, Cleveland, OH 44131, for Plaintiff-Appellee.
Thomas L. Mason, P.O. Box 345, 153 West Main Street, Ashland, OH 44805, for Defendant-Appellant.
Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Julie A. Edwards, J.
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:
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{¶ 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."
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{¶ 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.
{¶ 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 Huntington National 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.