Doyle v. Doyle

The Supreme Court reversed the decision of the trial court declining to award post-judgment interest pursuant to Ky. Rev. Stat. 360.040 in this action concerning a divorce judgment.Karen and James Samuel Doyle (Sam) were divorced in 1995. In 1998, the circuit court issued a judgment pertaining to reserved issues of child custody, support, and division of property. The judgment was silent as to interest. When Sam did make an equalization payment to Karen as ordered by circuit court, Karen filed a judgment lien against property owned by Sam, plus interest at the legal rate from 1998. In 2012, Sam moved to prohibit the collection of interest. The court granted the motion on the grounds that the 1998 judgment was unliquidated and the judgment was silent as to interest. Karen appealed, and the court of appeals reversed. On remand, the circuit court again denied an award of interest. The court of appeals affirmed. The Supreme Court reversed, holding that the balance of equities favored the statutory award of interest under the circumstances of this case. View "Doyle v. Doyle" on Justia Law