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Associated Aviation Underwriters v. Wood9/29/2004
its final judgment "that post-judgment interest on the amounts owed by to Intervenors shall accrue at the legal rate of interest on judgments from the date of the entry of this Judgment until paid."
Intervenors then filed several post-judgment motions. First, Intervenors requested that a money judgment be entered in their favor as a form of supplemental relief under A.R.S. § 12-1838. In that motion, Intervenors stated that " he relief requested by Intervenors flows directly from the Court's September 23, 2002 Declaratory Judgment." Because that judgment was clearly limited to only the fourteen trial intervenors, Intervenors' motion apparently requested a monetary award only in favor of those particular individuals, although that is not entirely clear. Intervenors' motion was also unclear on whether they wanted the trial court to base any monetary award, and interest thereon, on the Gerardo judgment, or rather, on the Morris agreement alone. For example, Intervenors stated they were "entitled to recover the amount of their judgment from AAU." Later in the motion, however, Intervenors claimed that whether the Gerardo judgment had expired was "irrelevant" and, essentially, that any monetary award could be based on the settlement amounts stated in the Morris agreement alone. That distinction is relevant insofar as TAA/City and Intervenors apparently executed the Morris agreement in June 1989, but judgment was not entered thereon until April 1991.
Second, Intervenors moved to amend their complaint-in-intervention retroactively to include an application for a writ of garnishment. That proposed application, in contrast to their motion for supplemental relief, clearly sought to garnish AAU for the entire amount of the Gerardo judgment and all interest accrued thereon. The total amount Intervenors requested in their proposed writ of garnishment was over $75 million.
Third, Intervenors moved to amend the September 2002 judgment to include monetary relief if the trial court granted either of the two foregoing motions. Notably, Intervenors requested monetary relief in that motion only for the fourteen trial intervenors. While those motions were pending, however, this case was reassigned to Judge Cornelio after Judge Harrington was transferred to a different division of the court.
In a January 2003 minute entry, the trial court (J. Cornelio) denied all of Intervenors' motions. On Intervenors' motion for supplemental relief, the trial court found that, although money damages might be awarded as part of a DRA "in the appropriate case," this case presented the "more narrow" question of "whether the Intervenors have a direct action against AAU." In answering that question, the trial court agreed with AAU that its "requirement to pay arises out of indemnity contract with the insured; and it is the money judgment, entered against the insured, that creates the financial obligation. This is collected upon by garnishment." The trial court also denied Intervenors' motion to amend their complaint to include a garnishment application. Intervenors have not challenged that ruling in their cross-appeal.
In denying Intervenors' motions, the trial court acknowledged it was not addressing "the issue of concern to both Intervenors and AAU," " hat is, whether Intervenors may, ultimately, collect on the Morris Agreement and Gerardo Judgment." Indeed, the court specifically noted it had neither "addressed nor made a determination of whether the expiration of the Gerardo Judgment has been tolled during the period of this litigation... whether the Complaint in Intervention for Declaratory Judgment can serve as a renewal by action pursuant to A.R.S. § 12-1611."
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Arizona Personal Injury Attorneys
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