Phelps v. O'MALLEY

This case comes on appeal for a second time. Defendant, Michael O’Malley, appeals from a $379,000 judgment entered against him on remand from this court. In entering this judgment, the trial court followed our mandate to enter judgment for the plaintiff for $379,000. The trial court made the judgment effective from June 26, 1986, the date of the original judgment, thus requiring defendant to pay statutory interest from this earlier date.

O’Malley first appealed after the trial court entered judgment against him for $387,500 for breach of a real estate contract. We upheld the lower court’s…