Tuesday, November 3, 2009

Judgment Awarding Too Much Post-Judgment Interest Against State Is Void

In 311 South Spring Street Co. v. Department of General Services (here), a judgment was awarded against the state carrying post-judgment interest at 10%. The state raised no issue concerning the interest in the first appeal. Then, on remand, the state woke up and contended that the permissible rate of post-judgment interest was only 7%. The court held that the state was right and that the previously-appealed and final judgment imposing the higher interest rate was void and could be collaterally attacked at any time.

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