VASQUEZ, Presiding Judge.
¶ 1 In this personal injury action, appellant BCI Coca-Cola Bottling Company of Los Angeles, Inc. (BCI) appeals from the judgment entered after a jury verdict in favor of appellee Marisol Metzler and following two prior appeals. In this appeal, BCI contends the trial court erred in determining that prejudgment interest imposed as a sanction under Rule 68(g), Ariz. R. Civ. P., was interest on an "obligation" calculated at ten percent per annum pursuant to A.R.S. § 44-1201(A) and not interest "on a judgment" calculated at one percent plus the prime rate pursuant to subsection (B). For the reasons stated below, we affirm the judgment as modified.
¶ 2 In August 2009, a jury found BCI liable for Metzler's injuries sustained in a fall at a grocery store and awarded her $1.5 million in damages. On September 2, 2009, the trial court entered judgment in favor of Metzler in the amount of $1,855,398.86, which included prejudgment interest under Rule 68(g) as a sanction against BCI for rejecting a prior, more favorable offer of judgment. On December 8, 2009, the court granted BCI's motion for a new trial on liability but denied a new trial on damages. BCI appealed the court's denial of a new trial on damages, and Metzler cross-appealed the grant of a new trial on liability. This court issued a memorandum decision reversing the grant of a new trial on liability, affirming the denial of a new trial on damages, and remanding the matter for entry of final judgment. Metzler v. BCI Coca-Cola Bottling Co. (Metzler I), No. 2 CA-CV 2010-0023, ¶ 16, 2011 WL 917330 (memorandum decision filed Mar. 16, 2011).
¶ 3 In April 2011, BCI unconditionally tendered, and Metzler accepted, payment of $1,906,690.76. According to BCI, the amount included: the damages award; Rule 68(g) sanctions including prejudgment interest from the date of the offer of judgment through September 2, 2009; post-judgment interest from September 3, 2009, through December 8, 2009; and costs on appeal. After this court's mandate in Metzler I issued on May 11, 2011, BCI filed a motion for a judgment on the mandate. BCI argued prejudgment interest under Rule 68(g) terminated on September 2, the date the trial court originally entered the judgment on the verdict, because that was "clearly the operative judgment." In response, Metzler maintained that prejudgment interest continued to accrue from the date of the offer of judgment until entry of the judgment on the mandate.
¶ 5 On remand, Metzler lodged a form of judgment with the trial court calculating prejudgment interest pursuant to Rule 68(g) at the rate of ten percent per annum, the same interest rate that had been used in the two prior judgments. BCI objected, asserting that under the recently amended version of § 44-1201, the interest rate should have been calculated at the rate of one percent per annum plus the prime rate or 4.25 percent. After finding the proper interest rate was ten percent, the court entered judgment on October 10, 2012. BCI now appeals from that judgment. We have jurisdiction pursuant to A.R.S. §§ 12-120.21 and 12-2101(A)(1).
¶ 6 Rule 68(a) provides that at any time more than thirty days before trial, "any party may serve upon any other party an offer to allow judgment to be entered in the action." Subsection (g) of the rule states the following:
An award of sanctions pursuant to Rule 68(g) is mandatory. Levy v. Alfaro, 215 Ariz. 443, ¶ 8, 160 P.3d 1201, 1203 (App.2007). The purpose of the rule is to promote settlement and to avoid protracted litigation. Id. ¶ 12; Warner v. Sw. Desert Images, LLC, 218 Ariz. 121, ¶ 52, 180 P.3d 986, 1002 (App.2008). Metzler offered to settle this case before trial for $150,000, but BCI rejected that offer, and the jury later awarded her $1.5 million in damages. BCI does not dispute that Metzler is entitled to an award of sanctions pursuant to Rule 68(g). Indeed, that issue was put to rest by Metzler I, which upheld the jury's liability verdict and damages award in favor of Metzler.
¶ 7 Instead, BCI contends that the trial court erred by calculating prejudgment interest under Rule 68(g) at the rate of ten percent per annum rather than one percent plus the prime rate, or 4.25 percent, pursuant to § 44-1201, as amended. BCI reasons that prejudgment interest, "by its very nature, inherently indicates an award made in the judgment." Accordingly, it maintains that "prejudgment interest is interest on a judgment" under subsection (B). BCI additionally argues that prejudgment interest "does not change its nature into something else merely because it is awarded as a Rule 68 sanction." Metzler responds that she is entitled to Rule 68(g) prejudgment interest at ten percent pursuant to § 44-1201(A).
¶ 8 We review questions of law, including the interpretation of statutes and court rules, de novo. Town of Marana v. Pima Cnty., 230 Ariz. 142, ¶ 20, 281 P.3d 1010, 1015 (App.2012); Perguson v. Tamis, 188 Ariz. 425, 427, 937 P.2d 347, 349 (App. 1996). We can affirm the trial court's ruling if it is correct for any reason. Forszt v. Rodriguez, 212 Ariz. 263, ¶ 9, 130 P.3d 538, 540 (App.2006). "In interpreting the meaning of a statute, we seek to discern the legislature's intent, looking primarily to the statutory language and giving effect to statutory terms in accordance with their commonly accepted meanings." Sierra Tucson, Inc. v. Pima Cnty., 178 Ariz. 215, 220, 871 P.2d 762, 767 (App.1994); see also A.R.S. § 1-213. If a statute's language is clear, it is "the best indicator of the authors' intent and as a matter of judicial restraint we `must apply it without resorting to other methods of statutory interpretation, unless application of the plain meaning would lead to impossible or absurd results.'" Winterbottom v. Ronan, 227 Ariz. 364, ¶ 5, 258 P.3d 182, 183 (App. 2011), quoting N. Valley Emergency Specialists, L.L.C. v. Santana, 208 Ariz. 301, ¶ 9, 93 P.3d 501, 503 (2004). See also Fragoso v. Fell, 210 Ariz. 427, ¶ 7, 111 P.3d 1027, 1030 (App.2005) (applying same principles to procedural rules).
¶ 9 Section 44-1201 governs interest on civil judgments generally. In 2011, the legislature amended the statute,
And, according to § 44-1201(F), "[i]f awarded, prejudgment interest shall be at the rate described in subsection A or B of this section." In amending § 44-1201, the legislature expressly stated it was to apply "to all loans that are entered into, all debts and obligations that are incurred and all judgments that are entered on or after the effective date of this act." 2011 Ariz. Sess. Laws, ch. 99, § 17. The effective date of the act was July 20, 2011, before the current judgment was entered.
¶ 11 "[B]ecause it does not appear the legislature intended otherwise, we interpret the term[s] according to [their] common meaning." City of Sierra Vista v. Sierra Vista Wards Sys. Voting Project, 229 Ariz. 519, ¶ 20, 278 P.3d 297, 302 (App.2012). And, we believe the commonly accepted meaning of "obligation" encompasses prejudgment interest imposed as a sanction pursuant to Rule 68(g).
¶ 12 Citing Taylor, 223 Ariz. 486, ¶¶ 9-12, 224 P.3d at 985-86, BCI maintains Rule 68(g) prejudgment interest "does not conceivably fit" within the meaning of "obligation."
¶ 13 Taylor is factually and legally distinguishable. First, as we mentioned above, the issue there was whether any prejudgment interest accrued at all on the particular civil penalty and not, as in this case, the applicable rate of interest. We noted that, under the common law, orders imposing criminal penalties do not bear interest. Id. ¶ 13. And, we explained further: "In the absence
¶ 14 But BCI contends that "prejudgment interest is interest on a judgment" under § 44-1201(B) because it terminates upon entry of the judgment. As BCI points out, Rule 68(g) expressly conditions an award of sanctions upon "a more favorable judgment."
¶ 15 However, interest accruing during the prejudgment period pursuant to Rule 68(g) cannot be interest on the judgment later entered. Although Rule 68(g) necessarily requires entry of a judgment to determine whether a sanction should be imposed, that requirement is for comparative purposes. See Metzler II, 230 Ariz. 26, ¶ 8, 279 P.3d at 1190. The rule provides that if the offeree does not obtain "a more favorable judgment..., the offeree must pay, as a sanction," certain fees, costs, and prejudgment interest. Ariz. R. Civ. P. 68(g). We have explained that, in determining if the judgment is "more favorable," the rule "requires an `apples to apples' comparison between the judgment and the offer, in that the judgment, excluding any fees or costs, is to be measured against the portion of the offer representing damages." Hales v. Humana of Ariz., Inc., 186 Ariz. 375, 378, 923 P.2d 841, 844 (App.1996).
¶ 16 Moreover, the language of the rule and our case law interpreting it effectively treat Rule 68(g) sanctions as a separate and distinct obligation, even though, as occurred here, the trial court enters a single judgment that includes both the underlying damages and the sanctions imposed. See Levy, 215 Ariz. 443, ¶ 4, 160 P.3d at 1202 (court entered judgment on verdict and offset that amount by amount owed for Rule 68(g) sanctions); Langerman Law Offices, P.A. v. Glen Eagles at Princess Resort, LLC, 220 Ariz. 252, ¶ 12, 204 P.3d 1101, 1104 (App.2009) (discussing single judgment containing separate awards). Our conclusion is supported by the plain language of § 44-1201. Pursuant to § 44-1201(D), a "court shall not award ... [p]rejudgment interest for any unliquidated ... damages." See also Hall v. Schulte, 172 Ariz. 279, 284, 836 P.2d 989, 994 (App.1992) (prejudgment interest not permitted on unliquidated claim). And, Metzler's tort claim did not become liquidated until final judgment was entered. See Canal Ins. Co. v. Pizer, 183 Ariz. 162, 164, 901 P.2d 1192, 1194 (App.1995).
¶ 17 Rule 68(g), however, provides an exception, explicitly requiring an award of "prejudgment interest on unliquidated claims to accrue from the date of the offer" when certain criteria are met. In the absence of Rule 68(g) sanctions, Metzler would not be entitled to prejudgment "interest on [the] judgment" pursuant to § 44-1201. Thus, contrary to BCI's argument, the source of prejudgment interest imposed as a sanction under Rule 68(g) is the rule itself, not the judgment. Notably, when the legislature amended § 44-1201, it removed only "interest
¶ 18 Accordingly, we hold that prejudgment interest imposed as a sanction pursuant to Rule 68(g) constitutes an "obligation" under § 44-1201(A).
¶ 19 BCI lastly argues the trial court erred by awarding Metzler ten-percent interest "on the supposedly `unpaid' prejudgment interest." According to BCI, the approximate $1.9 million tender included the full $1.5 million jury verdict and all that remained due at that time — approximately $200,000 — was Rule 68(g) prejudgment interest. And, because the court calculated the amount of Rule 68(g) prejudgment interest due from the date of the tender through entry of the October 10 judgment based on that $200,000 figure, BCI maintains that the court awarded Metzler "prejudgment interest on the prejudgment interest." First, we question whether BCI sufficiently raised this argument below to preserve it for appeal. See Orfaly v. Tucson Symphony Soc'y, 209 Ariz. 260, ¶ 15, 99 P.3d 1030, 1035 (App.2004) (appellants waived arguments on appeal by not adequately presenting them below). Although BCI argued at a hearing before the trial court that Metzler was "requesting compound interest," it did so without citing authority, and the issue was not squarely presented in BCI's objection to Metzler's form of judgment. Moreover, the trial court did not address it.
¶ 20 In any event, we disagree with BCI's characterization. The issue presented here specifically concerns Rule 68(g) prejudgment interest, which as BCI agrees, cannot be awarded until entry of the final judgment. Accordingly, the ultimate amount of the prejudgment interest in this case was unknown until the October 10 judgment, regardless of the jury verdict or tender. Furthermore, the tender was unconditional, and, in its letter accompanying the $1.9 million check, BCI acknowledged that Metzler "retain[ed] her rights to claim she is entitled to prejudgment interest."
¶ 21 Metzler concedes on appeal, as she did below, that the October 10 judgment contained a mathematical error of $62.40 in her favor. "Where the judgment has been properly rendered, but for an incorrect amount, this court may do justice without remanding the case ... by modifying the amount of the judgment." Zancanaro v. Cross, 85 Ariz. 394, 401, 339 P.2d 746, 751 (1959). We therefore modify the judgment to reflect a total of $28,568.80 in prejudgment interest from April 29, 2011, to October 1, 2012. Cf. Cagle v. Carr, 101 Ariz. 225, 228, 418 P.2d 381, 384 (1966) (affirming judgment as modified).
¶ 22 For the foregoing reasons, we affirm the judgment as modified.
CONCURRING: JOSEPH W. HOWARD, Chief Judge and BOYD T. JOHNSON, Judge.