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Johnson v. BFI Waste Systems of North America2/22/2005
he judgment shall be entered as of the day of the verdict." Rule 78.04, which also governs motions for new trial, was amended in 1994 to delete the phrase "which judgment shall be entered as of the date of the verdict." As the Western District has explained, "the deletion of the phrase indicates that the jury verdict no longer controls the filing deadline..." for filing after trial motions. Nandan v. Drummond, 5 S.W.3d 552, 555 n.1 (Mo.App.W.D. 1999). Given that the "date of the verdict" language no longer applies for purposes of calculating the timing of a post-trial motion, it is improper to rely on this language for purposes of post-judgment interest.
Stacy and Crystal Tire also predate the 1994 amendment to Rule 74.01. Prior to 1995, Rule 74.01 provided that "judgment" includes a decree and any order from which an appeal lies. In 1994, Rule 74.01(a) was amended to include additional language, as follows: "A judgment is rendered when entered. A judgment is entered when a writing signed by the judge and denominated 'judgment' or 'decree' is filed." The purpose of the amendment was to clarify when a "judgment was a final judgment for purposes of appeal." City of St. Louis v. Hughes, 950 S.W.2d 850, 853 (Mo. banc 1997). Thus, it is clear that the "date of the verdict" does not control the entry of the judgment. Rather, there is no judgment unless the requisites set forth in Rule 74.01(a) are met.
Finally, the legislature defines judgment as "the final determination of the rights of the parties in an action." Section 511.020, R.S.Mo; City of St. Louis, 950 S.W.2d at 853. It is quite clear here that only after the trial court rendered the December 6 judgment, pursuant to Section 537.095, were the rights of the parties finally determined. Accordingly, the trial court rendered its judgment on December 6 and post-judgment interest properly ran from that date. Point denied.
Conclusion
The trial court's judgment is affirmed.
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