Legal Opinion · Dissent

Collins v. Beck

Court of Appeals of North Carolina

Decided August 16, 1994No. 9322SC336Published

1Dissent

Judge Greene

dissenting.

I disagree with the conclusion of the majority that plaintiff is not entitled to prejudgment interest in this case. Defendant made a written offer of judgment, plaintiff made a written acceptance of the judgment, both documents were served on the other party, and subsequently filed with the clerk of the court, all consistent with Rule 68(a) of our Rules of Civil Procedure. The offer of judgment thus became a judgment of the court, N.C.G.S. § 1A-1, Rule 68(a) (1990), and as such, accrues interest on the compensatory damages, in this case $70,000, “from the date the…

2Cases cited4 opinions

  1. Aikens v. LudlumCourt of Appeals of North Carolina · 1994
  2. Barnes v. HardyCourt of Appeals of North Carolina · 1990
  3. Barnes v. HardySupreme Court of North Carolina · 1991
  4. Harward v. SmithCourt of Appeals of North Carolina · 1994

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