Rodriguez v. Schutt

Judge BRIGGS

specially concurring.

I concur in affirming the judgment in favor of plaintiffs and in remanding for recalculation of interest. I write separately to emphasize the reasons why, in my view, the solution to perceived inequities in calculating interest under § 13-21-101, C.R.S. (1987 RepLVol. 6A) lies with the General Assembly.

I

The General Assembly amended § 13-21-101 in 1982 because the statutory rate of interest a judgment debtor had to pay was lower than the interest that could be earned by withholding payment and investing the money during the appeal. The remedy provided is a…