Dr. Stella Gwandiku v. State Farm Mutual Auto Ins. Co.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

07-580

DR. STELLA GWANDIKU, ET AL.

V.

STATE FARM MUTUAL AUTO INSURANCE COMPANY, ET AL.

************

APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 225,132-D
HONORABLE JOHN DAVIDSON, DISTRICT JUDGE
************

ON REHEARING

************

JAMES T. GENOVESE
JUDGE

************

Court composed of Marc T. Amy, Michael G. Sullivan, and James T. Genovese,
Judges.

AFFIRMED AS AMENDED.

Thomas D. Davenport, Jr.
The Davenport Firm, APLC
1628 Metro Drive
Alexandria, Louisiana 71301
(318) 445-9696
COUNSEL FOR PLAINTIFF/APPELLANT:
Dr. Stella Gwandiku

Randall B. Keiser
D. Heath Trahan
Keiser Law Firm, P.L.C.
Post Office Box 12358
3700 Jackson Street, Suite 102
Alexandria, Louisiana 71315-2358
(318) 443-6168
COUNSEL FOR DEFENDANTS/APPELLEES:
Pat Adams P.T. & Associates, Inc. and
Pat Adams

GENOVESE, JUDGE.

We grant the Application for Limited Rehearing filed on behalf of Defendants,

Pat Adams PT & Associates, Inc. and Pat Adams (collectively Adams), for the sole

and limited purpose of addressing the issue of attorney fees on appeal, which was not

addressed in our original opinion.

Considering the mandatory attorney fee language in La.Code Civ.P. art.

971(B), the fact that Adams was successful in obtaining relief on appeal, the fact that

Plaintiffs, Dr. Stella Gwandiku, et al., were unsuccessful in obtaining relief on appeal,

and the fact that the appeal necessitated additional work by counsel for Adams, we

award Adams an additional $2,000.00 in attorney fees for work done on appeal.

Vickers v. Interstate Dodge, Inc., 04-109 (La.App. 3 Cir. 9/29/04), 882 So.2d 1236.

We hereby amend our original opinion to reflect an additional award of $2,000.00 in

attorney fees to Adams for work done on appeal.

AFFIRMED AS AMENDED.

1