Court addresses issues involving interest on judgment and case evaluation sanctions
In Shekoohfar, et al., v. LaRosa, the Court of Appeals responded to the parties' appeals of a jury verdict and case evaluation sanctions. It concluded that the Defendants had waived their right to have the judge add higher, instrument-related interest to the jury verdict on their counter-claim, by asking the jury to award that interest. By inviting the jury to award this interest, the attorneys had waived the right to have the Court supplement the award.
The higher court also upheld the trial judge's decision that the Plaintiffs must pay case evaluation sanctions. Since the Plaintiff's conditioned their acceptance of the case evaluation on receiving "free and clear title" to the subject real estate, their limited acceptance was not an acceptance under the Court Rule and did not protect them from sanctions imposed after a less favorable outcome.