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Insurance Co. of North America v. Cypress Bank

Court of Appeals of Texas, Houston, First District
Mar 8, 1984
674 S.W.2d 781 (Tex. App. 1984)

Opinion

No. 01-83-0235-CV.

March 8, 1984.

Appeal from the 80th Distict Court, Harris County, Jerry McAfee, J.

Murry Fogler, Fulbright Jaworski, Houston, for appellant.

Gene F. Gardner, Brian E. Bro Associates, Houston, for appellee.

Before EVANS, C.J., and BASS and DUGGAN, JJ.


OPINION ON MOTION FOR REHEARING


Appellant and appellee have both filed motions for rehearing. Appellee brings four assignments asserting error in the court's opinion. 663 S.W.2d 122. We find these assignments are without merit. Appellee's motion for rehearing is overruled.

Appellant argues that the court erred in failing to award it prejudgment interest provided for under Tex.Rev.Civ.Stat.Ann. art. 5069-1.03 (Vernon 1964). We are persuaded that appellant's argument is correct. Republic National Bank v. Northwest National Bank of Fort Worth, 578 S.W.2d 109, 116 (Tex. 1978) (op. on reh'g).

Appellant's motion for rehearing is therefore granted and the judgment is reformed to reflect an award of prejudgment interest at a rate of 6% from June 9, 1980, to February 28, 1983, on the judgment amount of $30,000.


Summaries of

Insurance Co. of North America v. Cypress Bank

Court of Appeals of Texas, Houston, First District
Mar 8, 1984
674 S.W.2d 781 (Tex. App. 1984)
Case details for

Insurance Co. of North America v. Cypress Bank

Case Details

Full title:INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. CYPRESS BANK, Appellee

Court:Court of Appeals of Texas, Houston, First District

Date published: Mar 8, 1984

Citations

674 S.W.2d 781 (Tex. App. 1984)

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