Halling v. Yovanovich

David Halling and Joyce Halling each purchased from Brandon Bentley an undivided half interest in certain property. Joyce, individually and as president of MedCon, Inc. (MedCon), executed a promissory note and mortgage as security for the note in favor of Bentley and for the purchase price of fifty percent of the lot. David, individually and as manager of Professional Business Holdings, LP (PBH), executed a mortgage in favor of Bentley on PBH’s half interest as security for the purchase price of the other fifty percent. Thereafter, Bentley assigned his rights and interests in the PBH mortgage to a bank and his rights and interests in the MedCon note and mortgage to David Yovanovich. Yovanovich sued MedCon, alleging that it failed to pay the amount due under the note. The district court granted summary judgment for Yovanovich. The Supreme Court affirmed in part and reversed in part, holding (1) the district court did not err in concluding that Yovanovich had an enforceable contract against MedCon and that the Yovanovich assignment was not ambiguous; (2) the court’s damages calculation was not clearly erroneous; (3) the court erred when it failed to award prejudgment interest; and (4) the court did not err when it failed to specify post-judgment interest in its order. Remanded. View "Halling v. Yovanovich" on Justia Law