the question of whether the trial court erred is determined “based on the law as it existed at the time of the appellate decision, not at the time of the disputed ruling[.]”
How later courts described this case
- the question of whether the trial court erred is determined “based on the law as it existed at the time of the appellate decision, not at the time of the disputed ruling[.]”
- providing for recovery of interest as a remedy for a breach of a fiduciary duty
- describing periodic rest attribute of compound interest
- difficulty and expense considered in denying request for accounting
Written by the judges who cited it.
The opinion
HOWELL, J.,
specially concurring.
I agree with the majority that plaintiffs are entitled to prevail. Plaintiffs have requested either an *577 accounting for all profits resulting from the use of the trust funds or an assessment of interest at six per cent, whichever is greater. The majority concludes that it is in plaintiffs’ best interests to forego the accounting because it would be too difficult and expensive to accomplish. This may well be true, but in my opinion that decision should be made by the plaintiffs, not by the court. The suit should be remanded to grant plaintiffs either an accounting or the award of interest.
O’Connell, C. J., joins in this opinion.