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Sunwest Bank of Albuquerque3/10/1994
contract, and therefore postjudgment interest should have been calculated at the statutory rate of fifteen percent in effect at the time the complaint was filed. See (statute governing interest is statute in effect at time case is filed).
IV. CONCLUSION
We hold that there was substantial evidence to support the trial court's findings and judgment that Colucci was unjustly enriched at the Bank's expense and that he should make restitution. We reverse the trial court on its failure to award prejudgment interest and on its award of
postjudgment interest at a variable rate and remand for further proceedings consistent with this opinion.
IT IS SO ORDERED.
SETH D. MONTGOMERY, Chief Justice
WE CONCUR:
GENE E. FRANCHINI, Justice
STANLEY F. FROST, Justice
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