Wilkerson v. Clark

Louisiana Court of Appeal

Wilkerson v. Clark

444 So. 2d 782, 1984 La. App. LEXIS 7973

CourtLouisiana Court of Appeal

DecidedJanuary 12, 1984

DocketNo. CA 1148

StatusPublished

This text of 444 So. 2d 782 (Wilkerson v. Clark) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wilkerson v. Clark, 444 So. 2d 782, 1984 La. App. LEXIS 7973 (La. Ct. App. 1984).

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Opinion

PER CURIAM.

The trial judge followed Horstman v. Drake, 420 So.2d 473 (La.App. 4th Cir.1982) in awarding interest from date of judgment against the uninsured motorist carrier. That case has been overruled by Ainsworth v. Government Employees Insurance Company, 433 So.2d 709 (La.1983) which held that interest is to run on such a judgment from the date of judicial demand.

Accordingly, the judgment appealed from is amended in the respect that interest is to run from date of judicial demand rather than from date of judgment.

JUDGMENT AMENDED.

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PER CURIAM.

The trial judge followed Horstman v. Drake, 420 So.2d 473 (La.App. 4th Cir.1982) in awarding interest from date of judgment against the uninsured motorist carrier. That case has been overruled by Ainsworth v. Government Employees Insurance Company, 433 So.2d 709 (La.1983) which held that interest is to run on such a judgment from the date of judicial demand.

Accordingly, the judgment appealed from is amended in the respect that interest is to run from date of judicial demand rather than from date of judgment.

JUDGMENT AMENDED.

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444 So. 2d 782, 1984 La. App. LEXIS 7973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-clark-lactapp-1984.

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