# Howard v. Lee

> Louisiana Court of Appeal · January 13, 2016 · 185 So. 3d 144

URL: https://www.frixlaw.com/law-library/cases/4825450

## Case

- **Full name:** Erica HOWARD, Individually and on Behalf of her Minor Child, Jakalah Howard, Barbara Amanda Queen, Individually and on Behalf of her Minor Children, Ariel Queen and Shapell Queen v. Andrea Kristen LEE, Classic Stone Interiors, LLC, and AmTrust North America, Individually and in Solido, Defendants/Appellees Barbara Amanda Queen, on Behalf of her Minor Child, Shapell Queen v. Andrea Kristen Lee, Classic Stone Interiors, LLC, and AmTrust North America, Individually and in Solido
- **Court:** Louisiana Court of Appeal
- **Decided:** January 13, 2016
- **Citations:** 185 So. 3d 144; 2016 WL 154865
- **Precedential status:** Published
- **Opinion:** Concurrence by Caraway
- **Judges:** Brown, Caraway, Garrett
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4825450

## Opinion text

CARAWAY, J.,
concurring.
hi do not view this matter,as a situation involving the “discharge of one’s attorney,” over which the trial court has broad discretion in consideration of a continuance. The client is a minor, not Queen, so this is the case of the discharge of a minor’s attorney by a tutor) who must manage the minor’s civil actions and property as a fiduciary. La. C.C.P. art, 4061.1. The duty to act as tutor in a fiduciary capacity was breached by the forcing of the tutor into the role of legal representative at .trial under the circumstances of this case. The trial judge, in a broad sense, is- required to monitor the tutor’s mismanagement of the minor’s property and civil actions under the principles expressed in La. C.C.P. arts. 4234 and 4265 and to prevent such .malfeasance if possible. The minor’s interests were harmed by Queen’s dispute with pri- or counsel. Yet her corrective actions for new counsel' occurred without unreasonable delay. Therefore, I agree with reversal of the trial court’s actions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4825450. Public record. Not legal advice.