No. 2233 Precedential Amended Processed

State ex rel. Department of Highways v. Cenco, Inc.

Louisiana Court of Appeal, First Circuit · Filed May 2, 1966 · 187 So. 2d 162

Also decided on this docket: La. Ct. App. 1st Cir., October 27, 1967 203 So. 2d 418; La. Ct. App. 1st Cir., May 9, 1925 2 La. App. 665; La., May 15, 1869 21 La. Ann. 324; La. Ct. App. 3d Cir., February 28, 1968 207 So. 2d 918

Cited by

Parish of East Baton Rouge v. Succession of Cashio 246 So. 2d 290 La. Ct. App. 1st Cir. 1971
State ex rel. Department of Highways v. Allen 243 So. 2d 337 La. Ct. App. 1st Cir. 1971
Board of Commissioners v. Lomm 220 So. 2d 489 La. Ct. App. 4th Cir. 1969
State ex rel. Department of Highways v. Bassemier 203 So. 2d 881 La. Ct. App. 1st Cir. 1967
Orleans Parish School Board v. Schuler 200 So. 2d 411 La. Ct. App. 1st Cir. 1967
State ex rel. Department of Highways v. Jacques 197 So. 2d 414 La. Ct. App. 1st Cir. 1967
State ex rel. Department of Highways v. Glaser 187 So. 2d 452 La. Ct. App. 1st Cir. 1966

Opinion text

On Application for Rehearing. PER CURIAM. Despite the fact that the judgment appealed from awards interest from date of judicial demand, appellant Cenco, Inc., contends for the first time in an application for rehearing that our similar award of interest is incorrect and that, under LSA-R.S. 48:455, interest should have been awarded at the rate of 5% per annum as of the date title vested in the plaintiff, April 18, 1963, to the date of payment. We agree with the contention. Accordingly, our decree is amended solely and only to the extent of awarding interest at the rate of 5% per annum on the amount of Forty-Nine Thousand Two and 05/100 ($49,002.05) Dollars from April 18, 1963 to the date of payment of such amount. Application refused.