Supreme Court of Louisiana, 1991

Barnes v. Thames

Barnes v. Thames
Supreme Court of Louisiana · Decided April 26, 1991 · Grant, Lemmon, Marcus, Writ
577 So. 2d 1009 (Southern Reporter, Second Series)

Barnes v. Thames

Opinion of the Court

In re Aetna Casualty & Surety Co.; — Defendants); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Numbers CA89 0435, CA89 1057; Parish of St. Tammany 22nd Judicial District Court Div. “D” Number 77,815.

Denied.

Dissenting Opinion

MARCUS, J.,

would grant, being of the opinion that the trial judge erred in awarding interest on the sum over and above the amount of the judgment against Aetna and being further of the opinion that the judge erred in granting interest on penalties and attorney fees from date of judicial demand rather than from date of judgment in contravention of this Court’s decision in Alexander v. Burroughs Corp., 359 So.2d 607, 614 (La. 1978).

LEMMON, J., would grant the writ.

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