No. 2389 Precedential Amended Processed

State ex rel. Department of Highways v. Armstrong

Louisiana Court of Appeal, First Circuit · Filed December 5, 1966 · 193 So. 2d 538

Also decided on this docket: La. Ct. App. 1st Cir., June 23, 1925 2 La. App. 553; La., April 15, 1872 24 La. Ann. 278; La. Ct. App. 3d Cir., July 2, 1968 212 So. 2d 559

Cited by

Opinion text

*543 On Applications for Rehearing. PER CURIAM. In its application for a rehearing Plaintiff points out that Defendant withdrew from the Registry of the District Court the full amount awarded by the District Court, $40,612.37 ($38,000 plus interest). We reduced the award from $38,000 to $31,990 or $34,185.18 including the interest. Since we reduced the amount of the aw.ard, we should have ordered the excess, that is, the difference between $40,612.37 and $34,185.18, returned to the Plaintiff with interest from the date of withdrawal. Accordingly the judgment is amended to award $6,427.19 to Plaintiff plus 5% interest from the date of withdrawal, April 12, 1966, until paid; otherwise both applications are denied. Rehearings refused.