David, J.
This case comes before our Court for the second time and arises out of a contract entered into between the State of Indiana, acting on behalf of the Family and Social Services Administration, and International Business Machines, Corp. to modernize and improve Indiana’s welfare eligibility system. We previously determined that IBM materially breached the contract and remanded the matter to the trial court to determine damages and appropriate offsets. After the submission of evidence and a full-day hearing, the trial court issued detailed findings and conclusions. It determined that damages to the State resulting from the breach totaled $128 million and that IBM was entitled to offsets in the amount of $49,510,795, resulting in a final judgment of $78,178,109 to the State.
Both parties appealed, raising various issues. Today we address one of the issues raised: whether IBM is entitled to post-judgment interest on its $49.5 million damages award running from the date of the original judgment in 2012 or running from the judgment on remand. Finding that the original 2012 judgment was not “final,” we hold that the post-judgment interest due to IBM runs from the judgment on remand. We summarily affirm the Court of Appeals on all other issues and affirm the trial court on all issues.
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But here, it is not Indiana Code section 24-4.6-1-101 that governs, but Indiana Code section 34-13-1-6 because we are dealing with a sum of money due from the State. [Footnote omitted.] It provides:
Whenever, by final decree or judgment, a sum of money is adjudged to be due any person from the state, an execution shall not issue but the judgment shall draw interest at an annual rate of six percent (6%) from the date of the adjournment of the next ensuing session of the general assembly until an appropriation is made by law for the payment and the judgment is paid
The relevant inquiry in Beam was whether the judgment was only modified or reversed entirely, and pursuant to the statute, post-judgment interest was due from the “date of the return of the verdict or finding of the court.” Ind. Code § 24-4.6-1-101. Here, the relevant inquiry pursuant to Indiana Code section 34-13-1-6 is whether there was a final decree or judgment. A final judgment “disposes of all issues as to all parties thereby ending the particular case.” Georgos v. Jackson, 790 N.E.2d 448, 451 (Ind. 2003).
At the time of remand, all the issues were not disposed of as this Court’s opinion in IBM I did two things: 1) it reversed the trial court on the issue of whether IBM’s breach of the MSA was material; and 2) remanded to the trial court to calculate appropriate damages as well as offsets. While IBM wants us to consider its suit against the State separate and apart from State’s suit, the two arise out of the same facts and circumstances and are inextricably tied. Case law is clear that a final judgment disposes of “all issues as to all parties.” Id. (quoting Indiana Appellate Rule 2(H) (emphasis added). Not all the issues as to all parties were resolved at the time of remand and further, what was due and owed to IBM was necessarily contingent upon what damages were due the State for the breach. IBM could have recovered money from the State if the State’s damage award was less than what was awarded to IBM or IBM award could have simply been applied to offset what was owed to the State. In Beam, we stated the rationale for awarding post-judgment interest as if the date of the original judgment when it has not been reversed: it “compensates plaintiffs for the loss of money that has been determined to be have rightfully belonged to them throughout the time of the pending appeal.” Beam, 765 N.E.2d at 534. Here, there is no money that rightfully belonged to IBM as the amount awarded to it may have been and ultimately was, only an offset to what IBM owes the State. Accordingly, looking at the statute, our case law and the facts of this case, post-judgment interest going back to the original judgment is inappropriate.
Conclusion
We hold that the post-judgment interest due to IBM runs from the judgment on remand. We summarily affirm the Court of Appeals on all other issues and affirm the trial court on all issues.
Rush, C.J., and Goff, J., concur. Slaughter, J., concurs in part and dissents in part with separate opinion. Massa, J., not participating.
Slaughter, J., concurring in part, dissenting in part.
The Court summarily affirms an award of $125 million to the State as direct damages resulting from IBM’s breach of contract to update Indiana’s welfare system. A central premise of the appellate ruling we affirm is that the “Modernization” approach required by the parties’ Master Services Agreement is “essentially the same” as the more expensive “Hybrid” approach the State eventually implemented. IBM v. State, 112 N.E.3d 1088, 1101 (Ind. Ct. App. 2018), trans. granted. I am unable to join the Court’s summary affirmance because the record establishes that the Agreement required IBM to implement only Modernization and not Hybrid. Thus, I would treat the State’s additional costs to implement Hybrid not as direct damages subject to a $125-million cap but as consequential damages subject to a $3-million cap. On the separate issue of post-judgment interest, I join the Court.
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