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2007-05-10_ENFORCEMENT - C1981013
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2007-05-10_ENFORCEMENT - C1981013
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Last modified
8/24/2016 3:16:52 PM
Creation date
8/7/2009 3:58:43 PM
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/10/2007
Doc Name
DRMS Brief in Support of NOV CV2007001, Civil Penalty & Proposed Decision on SI
Violation No.
CV2007001
Media Type
D
Archive
No
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damage cases. Thus, !the prejudgment interest requested by the Tatums is <br />considered part of the damage award and therefore should be covered by the <br />bond from Basin Resources. See FRICO, supra. Accordingly, 8% interest <br />from March 22, 20015 when the Tatums filed their complaint, to December <br />19, 2002 when the court entered its judgment should be included in the <br />bond. See § 5-12-101', C.R.S.11 <br />Section 5-12-102(4) serves as Colorado's general post judgment statute. <br />See Bainbridge v. Douglas County Sch., 973 P.2d 684 (Colo. App. 1998). <br />This section states thai except as provided in section 5-12-106 C.R.S. <br />creditors shall be allowed interest from the date a judgment is entered until <br />satisfaction thereof. Section 5-12-106 provides that if a judgment in a civil <br />suit is appealed by the debtor and the judgment is affirmed, interest shall be <br />payable from the date of entry of the judgment in the trial court until <br />satisfaction of the judgment and shall include compounding interest <br />annually. <br />i <br />However, post judgment interest is statutory interest and not considered part <br />of the damages award.; See Bainbridge, supra. Accordingly, post judgment <br />interest should not be included in the amount of the bond posted by Basin <br />Resources. <br />As to the trial court's award of costs including attorney fees and expert fees, <br />costs are not damages but a separate item of monetary relief and should not <br />be included in the bond amount. See FRICO, supra. Moreover, such costs <br />are to be determined in Las Animas district court under C.R.C.P. 6912 and <br />other civil rules of procedure. The court is the proper forum to determine <br />these amounts. See FRICO, supra. <br />Wherefore, the Division respectfully requests that the Board uphold NOV <br />CV-2000-009 and the civil penalty and affirm the Division's proposed <br />decision concerning the bond increase. <br />1 Regardless of whether prejudgment interest is based on the common law doctrine of moratory interest or <br />on statutory moratory interest, such interest is considered a part of the damages judgment. See Collecting <br />Pre- and Post-Judgment Interest in Colorado: A Primer, 15 Colo. Law. 753 (1986). <br />12 C.R.C.P. 69 concerns execution on a judgment and collection of costs. <br />23
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