Wednesday, December 16, 2009

Court reviews whether an award of prejudgment interest was proper in a breach of partnership agreement case

GREGORY B. WOOTEN v. KENNETH BLACK (Tenn. Ct. App. December 16, 2009)

Plaintiff filed this action against his former partner alleging breach of their partnership agreement. The Special Master found that the defendant misappropriated profits of the partnership. Thereafter, the parties entered into an Agreed Order wherein the plaintiff was awarded a judgment of $38,750.00 against the defendant. The Agreed Order expressly reserved the issue of prejudgment interest for the trial court's determination. The trial court awarded prejudgment interest. Defendant appealed the award of prejudgment interest. Finding no error, we affirm.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2009/wooteng_121609.pdf