DUGAN MEYERS v. OHIO DEPT. ADMIN. SERV., Unpublished Decision (12-9-2005)

2005-Ohio-7017

Dugan Meyers Construction Co., Inc., et al., Plaintiffs, v. State of Ohio Department of Administrative Services, et al., Defendants.

No. 2001-07084.Court of Claims of Ohio.
Filed December 9, 2005.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Peter D. Welin, Daniel F. Edwards, Michael W. Currie, 10 W. Broad Street, 7th Floor, Columbus, Ohio 43215-3435, Attorneys for Plaintiff, Dugan Meyers Construction, Company, Inc.

James S. Savage, 175 South Third Street, Suite 210, Columbus, Ohio 43215, Attorney for Plaintiffs, Teepee River City Mechanical, and J.A. Croson, Inc.

John J. Petro, 338 South High Street, Second Floor, Columbus, Ohio 43215, Attorney for Plaintiff, Accurate Electric Construction, Co.

William C. Becker, Assistant Attorney General, 150 East Gay Street, 23rd Floor, Columbus, Ohio 43215-3130, Joseph A. Brunetto, William G. Porter, Special Counsel to Attorney General, 52 East Gay Street, P.O. Box 1008, Columbus, Ohio 43216-1008, Attorneys for Defendants.

JUDGMENT ENTRY
J. WARREN BETTIS, JUDGE.

{¶ 1} On October 28, 2003, this court issued a judgment entry in favor of plaintiffs, Dugan Meyers Construction Co., Inc., (DM), 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:

{¶ 2} “* * * The judgment of the Ohio Court of Claims is affirmed as to the reverse back charge award [to DM] of $264,340 (which was not assigned as error by appellants) and the court’s assessment of prejudgment interest thereon at a 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. * * *”

{¶ 3} In accordance with the judgment of the court of appeals, judgment is hereby rendered in favor of plaintiff, DM, 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.