J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012)

Citation: J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012)
Parent Document: J & M Securities, LLC v. Brown, 388 S.W.3d 566 (2012)
Jurisdiction: Missouri (state)
Effective Date: 2012-12-11
Original Source: https://www.courtlistener.com/opinion/5284000/j-m-securities-llc-v-brown/ ↗

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The trial court subsequently entered another amended judgment. The trial court denied J & M’s motion for new trial, but granted its motion to amend in part. The trial court found a specific written demand was not a condition to allowance of prejudgment interest on a written contract. However, the court found under the circumstances here J & M was only entitled to pre-judgment interest from September 13, 2010, the date of filing the instant action. The trial court noted J & M was *569aware of Brown’s whereabouts as of the May 6, 2005 move-out date, but chose to delay the filing of this action until September 13, 2010. Thus, under principles of fairness and justice, J & M was barred from recovering pre-judgment interest for the period from May 27, 2005 to August 24, 2010. The trial court also re-calculated the amount of pre-judgment interest that accumulated during the relevant period, which accounts for the extra $200.00 in this judgment. Further, the trial court denied J & M’s request for attorney fees. Finally, the trial court entered judgment for J & M in the total amount of $2,702.14. This appeal follows.

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