Micrea, Inc. v. Eureka Life Insurance Company of America

ON MOTION FOR REHEARING

All parties have filed motions for rehearing. Of these we find merit in certain presentation made in the motion for rehearing by Eureka Life Insurance Company of America, but not in the motion of Micrea, Inc., and Jack Adler.

To correct both our opinion and judgment in the case there is need to amend the judgment of the trial court so as to reform it to read other than as stated by our original opinion and judgment, which is further reformed and correctly stated below.

The judgment of the trial court is reformed so as to read as follows: It is, therefore, accordingly ORDERED, ADJUDGED AND DECREED that Plaintiff Eureka Life Insurance Company of America be and it is hereby awarded judgment against defendants, Micrea, Inc., and Jack Adler, jointly and severally, in the sum of $146,158.40, with interest thereon at the rate of ten per cent per annum from date of April 10, 1975, until paid; and that in addition thereto is hereby awarded judgment against Micrea, Inc., in the additional sum of $13,974.37 as attorney’s fee, with interest thereon from April 10, 1975, to September 1, 1975, at the rate of six per cent per annum and beginning September 1, 1975, at the rate of nine per cent per annum until paid, by V.A.T.S., Art. 5069-1.05, “Rate of Judgments”.