Opinion

St. Tammany Parish School Board v. Bullinger

  • 168 So. 3d 493
  • 2014 WL 7275982
Court
Louisiana Court of Appeal
Filed
Dec 23, 2014
Status
Published
Author
McClendon
On the bench
Higginbotham, McClendon, Whipple
Cited by
2 cases
Authority
More cited than 17.3%

The opinion

McClendon, j.,

concurs.

hi agree that a remand is necessary to determine whether attorney fees are appropriate under Moody v. Arabie, 498 So.2d 1081 (La.1986). An award is appropriate if the underlying claimed fees by Mayfield’s counsel benefitted or augmented the common right of recovery from the third party. City of Baton Rouge v. Goudeau, 00-2440 (La.App. 1 Cir. 12/28/01) , 803 So.2d 1130, 1134 . However, such an award is not appropriate if the work was merely duplicative or beneficial to only one party, such as the mere monitoring of proceedings. City of Baton Rouge, 803 So.2d at 1134 (citing Moody, 498 So.2d at 1086-87 ). We are unable to make this determination on the record before us.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.