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569 So. 2d 475

Herskowitz v. Herskowitz

District Court of Appeal of Florida

Decided September 25, 1990

District Court of Appeal of Florida · decided 1990-09-25

Relies on 487 So. 2d 1029 - Trend Coin Co. v. Honeywell, Inc. · 513 So. 2d 1318 - Herskowitz v. Herskowitz · 473 So. 2d 791 - Star Island Associates v. Lichter

Decided 1990-09-25

PER CURIAM.

¶1This is the latest appeal in Judith Her-skowitz’ continuing effort to enforce a judgment against the estate of her former husband. In this appeal she challenges a trial court order modifying the amount she is to receive pursuant to a summary judgment in her favor entered in 1985 and affirmed on appeal. Herskowitz v. Herskowitz, 513 So.2d 1318 (Fla. 3d DCA 1987).

¶2Appellee maintains that the trial court’s modification was correct because the 1985 judgment adopting a 1972 judgment does not reflect the six percent interest rate the trial court awarded in 1972. Our review of the record discloses that the recent modification does not apply the appropriate statutory interest rate. Interest should accrue at six percent from the entry of judgment on June 12, 19721 to October 4, 1985,2 the date the judgment disposing of all pending matters was entered, and twelve percent interest commencing October 4, 1985. Cf. Trend Coin Co. v. Honeywell, Inc., 487 So.2d 1029, 1030 (Fla.1986); Star Island Assoc. v. Lichter, 473 So.2d 791 (Fla. 2d DCA 1985).

¶3The remaining points lack merit.

¶4Reversed and remanded with instructions.

¶5. The statutory rate of interest was six percent at the time the 1972 judgment was rendered. § 55.03, Fla.Stat. (1967).

¶6. Section 55.03 was amended by Laws 1981, c. 81-113, § 1, to provide a twelve percent rate of interest, effective October 1, 1981.

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