DUGAN MEYERS CONSTR. v. DEPT. OF ADM., Unpublished Decision (7-19-2007)

2007-Ohio-4141

DUGAN MEYERS CONSTRUCTION CO., INC., et al., Plaintiffs v. THE STATE OF OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES, et al. Defendants.

No. 2001-07084.Court of Claims of Ohio.
July 19, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Daniel F. Edwards, John J. Petro, Joseph A. Brunetto, William G. Porter II, Special Counsel to Attorney General.

James S. Savage III, Michael W. Currie, Peter D. Welin, William C. Becker, Assistant Attorney General.

JUDGMENT ENTRY
CLARK B. WEAVER SR., Judge.

{¶ 1} This case is sua sponte assigned to Judge Clark B. Weaver Sr. to conduct all proceedings necessary for decision in this matter.

{¶ 2} On October 28, 2003, this court issued a judgment entry in favor of plaintiffs, Dugan Meyers Construction Co., Inc. (D M), J.A. Croson, Inc., and Teepe River City Mechanical, Inc.[1] On July 29, 2005, the court of appeals issued a judgment entry which states, in relevant part:

{¶ 3} “* * * The judgment of the Ohio Court of Claims is affirmed as to the reverse back charge award [to D M] of $264,340 (which was not assigned as error by appellants) and the court’s assessment of prejudgment interest thereon at the rate of ten percent per annum. It is the order and judgment of this court that the judgment of the Ohio Court of Claims is reversed in all other respects, and is remanded to that court with instructions to enter a new judgment consistent with this opinion. * * *”

{¶ 4} An appeal was taken to the Supreme Court of Ohio from the judgment of the court of appeals.

{¶ 5} On April 25, 2007, the Supreme Court of Ohio issued a judgment entry stating in relevant part:

Page 2

{¶ 6} “This cause, here on appeal from the Court of Appeals for Franklin County, was considered in the manner prescribed by law. On consideration thereof, the judgment of the court of appeals is affirmed consistent with the opinion rendered herein.”

{¶ 7} In accordance with the judgment entry of the Supreme Court of Ohio, judgment is hereby rendered in favor of plaintiff, D M, in the total amount of $364,307.25, which is comprised of $264,340 for the reverse back charge plus $99,942.25 in prejudgment interest calculated at the rate of ten percent per annum from January 17, 2000, to the date of this court’s October 28, 2003, judgment entry, and the $25 filing fee. Court costs are assessed against defendants. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

[1] On June 10, 2004, J.A. Croson, Inc. and Teepe River City Mechanical, Inc., and defendants filed settlement papers which were approved by this court on June 25, 2004.

Page 1