How should the Appellate Court rule on a request for interest at the judicial rate from the date of judicial demand if the trial court did not award it?

In instances where a trial court did not award interest at the judicial rate from the date of judicial demand, the appellate court may modify the judgment to include that interest if it is warranted by the facts of the case. The reasoning behind this stems from Louisiana's civil procedure principles that support the award of judicial interest to compensate a prevailing party for the delay in receiving a judgment.

When the trial court makes a determination that omits interest, and if it is deemed justified based on the circumstances of the case, the appellate court has the authority to correct this oversight. The entitlement to judicial interest typically arises under Louisiana law, and appellate courts recognize their role in ensuring a fair outcome that aligns with statutory provisions regarding interest.

Therefore, when the appeal does not involve a failure to answer or a lack of procedure, the appellate court is more inclined to address such requests substantively rather than dismissing them outright. Modifying the judgment to incorporate interest ensures that the party entitled to it receives proper compensation for the time elapsed since their demand, fostering fair judicial practice.