Appellate compensation increase does not justify interest from second instance judgment date if facts existed at filing.

The Supreme Court dismissed the cassation appeal against an appellate court's increase of compensation damages. The plaintiff sought higher damages after the first instance judgment, arguing the increase warranted interest from the second instance ruling date. The court held that the factual circumstances justifying the higher sum existed at the time of the lawsuit's filing, not merely upon the appellate decision. Consequently, interest was not due from the second instance judgment date, as the claim was substantiated by facts present when the suit commenced.