Opinion
69456.
DECIDED MARCH 12, 1985. REHEARING DENIED MARCH 28, 1985.
Action on policy. Candler Superior Court. Before Judge Hartley.
Dana F. Braun, Stanley M. Karsman, for appellant.
William J. Neville, Jr., George N. Skene, Mary Skene, for appellee.
On April 5, 1982, a dwelling, belonging to plaintiff Braner, was destroyed by fire. At the time of the fire the dwelling was insured by defendant Southern Trust Insurance Company.
After defendant neither paid nor denied his claim plaintiff filed the instant action. In Southern Trust Ins. Co. v. Braner, 169 Ga. App. 567 ( 314 S.E.2d 241), we affirmed the grant of summary judgment in favor of plaintiff Braner. Following a jury trial on the remaining issues as to damages, the judgment was entered and defendant Southern Trust Insurance Company appeals. Held:
1. Defendant contends the trial court erred in charging the jury in regard to, and in entering a judgment awarding, prejudgment interest on plaintiff's claims for loss of unscheduled property, debris removal and additional living expenses. As the amount due plaintiff under each of these claims was in dispute, it was only after the judgment upon the verdict that these claims became liquidated. See Lincoln Lumber Co. v. Keeter, 167 Ga. 231, 236 (2) ( 145 S.E. 68); B. G. Sanders Assoc. v. Castellow, 154 Ga. App. 433, 434 (1) ( 268 S.E.2d 695).
"The demand being unliquidated, the allowance of interest was within the discretion of the jury, and, while they may have increased the damages by an allowance of interest, the amount so allowed should have been included in one gross sum as damages, and not separately specified by the verdict." Atlantic Coast-Line R. Co. v. Henderson Elevator Co., 18 Ga. App. 279 (6) ( 88 S.E. 101). In the case sub judice, the jury separately stated the interest awarded pursuant to the trial court's instructions. The award of prejudgment interest on the unliquidated damages recovered by plaintiff was improper and the trial court's instructions as to this issue were erroneous. Atlantic Coast-Line R. Co. v. Henderson Elevator Co., 18 Ga. App. 279 (6), supra; Davis v. Carpenter, 155 Ga. App. 301, 303 (2) ( 270 S.E.2d 810), rev'd on other grounds 247 Ga. 156 ( 274 S.E.2d 567). See also Firemen's Ins. Co. v. Oliver, 182 Ga. 212 ( 184 S.E. 858).
2. It is unnecessary to consider the remaining enumerations of error addressing the sufficiency of the evidence which may not be the same in a subsequent trial of the case. Peak v. Cody, 113 Ga. App. 674, 676 (5) ( 149 S.E.2d 519).
Judgment reversed. Deen, P. J., and Sognier, J., concur.