Withers v. Com., Dept. of Transp., Bureau of Highways
| Decision Date | 26 August 1983 |
| Citation | 656 S.W.2d 747 |
| Parties | William E. WITHERS and Karen F. Withers, Appellants, v. COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Appellee. |
| Court | Kentucky Court of Appeals |
William L. Wiesman, Owensboro, for appellants.
Allen L. Condra, Transp. Cabinet, Dept. of Highways, Madisonville, for appellee.
Before WHITE, WILHOIT and DUNN, JJ.
This is an appeal from the Muhlenberg Circuit Court's order denying interest on the balance due on an agreed judgment to the appellants, the defendants, in a condemnation action against them brought by the Commonwealth of Kentucky, Department of Transportation, Bureau of Highways, the appellee.
The court appointed commissioners found in their report that the damages to appellants' real estate as a result of the taking was $100,810.00 and that the total rental value of a temporary easement was $340.00. All the parties filed exceptions to the Commissioners' report. The total amount of $101,150.00 was deposited into court and taken down by the appellants-defendants pursuant to an interlocutory order and judgment entered March 9, 1981. Thereafter, on September 10, 1982, an "agreed order of settlement" in the amount of $275,000.00 was entered, the pertinent part of which is as follows:
1. The defendants shall recover of the plaintiff the sum of $275,000.00 as full compensation for the lands and materials condemned in this action. It appearing that the court commissioners herein awarded the sum of $101,150.00, and the plaintiff having deposited this amount with the clerk, said clerk is hereby authorized and directed to pay the commissioners' award to the defendants, and the plaintiff shall pay the balance of $173,850.00 in full satisfaction of this judgment.
On October 13, 1982, an order of satisfaction was entered in the amount of $173,850.00, the difference between the amount of the agreed settlement and the amount taken down by the appellants-defendants. It was as follows:
The Commonwealth of Kentucky having satisfied their Judgment herein by payment to the Muhlenberg Circuit Court Clerk's Office in the sum set out in the Judgment herein without payment of interest and this Court being sufficiently advised,
IT IS HEREBY ORDERED that the Muhlenberg Circuit Court Clerk shall pay said sum to William E. Withers and Karen F. Withers, said sum being in the amount of $173,850.00.
This the 13th day of October, 1982.
Appellants on October 28, 1982 moved for interest of $1,943.31, representing interest at 12% from the date of the agreed settlement order, September 10, 1982, until the balance due was paid on October 14, 1982. They also moved for $56.00 in court costs. An order denying the request for interest was entered on November 19, 1982.
Appellants rely on K.R.S. 360.040 that they are entitled to...
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