2025-C-01209 Precedential Amended Processed

Kaster, Lynch, Farrar, & Ball, Llp v. Meeks & Associates, Llc And Kim Turlich-vaughan As Chief Deputy Clerk Of Court For The Parish Of Plaquemines

Louisiana Supreme Court · Filed December 16, 2025

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Opinion text

Supreme Court of Louisiana
December 16, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KASTER, LYNCH, FARRAR, & BALL, LLP
VS.
MEEKS & ASSOCIATES, LLC AND KIM
TURLICH-VAUGHAN AS CHIEF DEPUTY
CLERK OF COURT FOR THE PARISH OF
PLAQUEMINES
No. 2025-C-01209
_ _
_ _ _ _
IN
RE: Kaster, Lynch, Farrar, & Ball, LLP - Applicant Plaintiff; Applying For Writ
Of Certiorari, Parish of Plaquemines, 25th Judicial District Court Number(s) 67-274,
Court of Appeal, Fourth Circuit, Number(s) 2025-CA-0087;
_ _ _ _ _ _
December 16, 2025
Writ application granted. See per curiam.
JDH
JLW
WJC
JBM
PDG
JMG
CRC
12/16/2025 "See News Release 055 for any Concurrences and/or Dissents."

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SUPREME COURT OF LOUISIANA
No. 2025-C-1209
KASTER, LYNCH, FARRAR, & BALL, LLP
VS.
MEEKS & ASSOCIATES, LLC AND KIM TURLICH-VAUGHAN AS
CLERK OF COURT FOR THE PARISH OF PLAQUEMINES
On Writ of Certiorari to the
Court of Appeal, Fourth Circuit, Parish of Plaquemines
PER CURIAM
Writ granted. The parties herein executed a Co-Counsel Agreement, wherein
applicant, Kaster, Lynch, Farrar & Ball, LLP (KLFB), agreed to provide legal
assistance to respondent, Meeks & Associates, LLC (M&A ), in exchange for a
portion of the contingency fee. Pursuant to the agreement, “when any of the claims
arising out of the case of IRENE BREAUX, et al. vs. THE GOODYEAR TIRE AND
RUBBER COMPANY, et al shall be settled or compromised or handled to a final
conclusion,” the parties would split the contingency fee 75/25 in favor of KLFB.
When the litigation concluded, however, M&A refused to pay KLFB the full fee and
instead deposited the funds into the registry of the court. In response, KLFB filed a
petition seeking enforcement of the Agreement. Specifically, KLFB sought an award
of the full sum of money owed under the Agreement as well as legal interest thereon
from the date of the filing of its petition. Following a trial, judgment was rendered
in KLFB’s favor, awarding it 75% of the full contingency fee earned from th e
Breaux/Goodyear litigation. The judgment further awarded KLFB “accrued
interest” as opposed to “legal interest,” as provided in LSA-C.C. art. 2000, which
states, in relevant part, as follows:
When the object of the performance is a sum of money, damages for
delay in performance are measured by the interest on that sum from the
time it is due, at the rate agreed by the parties or, in the absence of
agreement, at the rate of legal interest as fixed by R.S. 9:3500.

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In denying KLFB’s request for correction or modification of the district court’s
judgment to reflect its entitlement to legal interest, the court of appeal found that the
district court’s judgment was silent with respect to “legal interest ” and it must
therefore presume the request for “legal interest” was denied. The court of appeal
further cited Vekic v. Popich, 18-0426 (La. App. 4 Cir. 11/14/18), 259 So.3d 445,
448, for the proposition that neither an appellate court, nor the Louisiana Supreme
Court, has the power to add interest to a final judgment.
Pursuant to LSA -C.C.P. art. 1921, “[t]he court shall award interest in the
judgment as prayed for or as provided by law.” (Emphasis added). “An obligor is
liable for the damages caused by his failure to perform a conventional obligation”
when “[a] failure to perform results from… [a] delay in performance.” LSA -C.C.
art. 1994. Further, as previously noted, “[w]hen the object of the performance is a
sum of money, damages for delay in performance are measured by the interest on
that sum from the time it is due, at the rate agreed by the parties or, in the ab sence
of agreement, at the rate of legal interest as fixed by R.S. 9:3500.” LSA -C.C. art.
2000. Pursuant to LSA-R.S. 9:3500(B)(1), legal interest on all sums which are the
object of a judicial demand is fixed at the rate set forth in LSA-R.S. 13:4202.
M&A refused to pay KLFB what it was owed despite the clear and
unambiguous language of the Agreement and is now liable for damages, measured
as legal interest, and fixed by statute. The district court’s August 16, 2024 judgment
is therefore amended to state that KLFB shall prepare and submit an order for the
withdrawal of their fees from the Registry of the Court, plus legal interest from the
date of the filing of the petition at the rate fixed in R.S. 13:4202.
AFFIRMED as AMENDED.