Central La. Ambulatory Surgical Center, (Paul Troquille) v. McDonald's Restaurants of Louisiana, LLC

• Court: Louisiana Court of Appeal
• Decided: February 3, 2010
• Docket: WCA-0009-0840
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

09-0823

CENTRAL LOUISIANA AMBULATORY SURGICAL CENTER (CHERYL HARR)

VERSUS

MCDONALD’S OF PINEVILLE AND LOUISIANA RESTAURANT ASSOCIATION SELF-INSURERS FUND

CONSOLIDATED WITH

09-0840

CENTRAL LOUISIANA AMBULATORY SURGICAL CENTER (PAUL TROQUILLE)

MCDONALD’S OF PINEVILLE AND LOUISIANA RESTAURANT ASSOCIATION SELF-INSURERS FUND

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

APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION, DISTRICT 02 PARISH OF RAPIDES, NO. 80-04029 AND 08-04030 HONORABLE JAMES BRADDOCK WORKERS’ COMPENSATION JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Oswald A. Decuir, Jimmie C. Peters, and David E. Chatelain,* Judges.

*Honorable David E. Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. JUDGMENT RENDERED.

R. Bray Williams Joe Payne Williams Williams Family Law Firm, LLC 162 Jefferson Street P. O. Box 15 Natchitoches, LA 71458 (318) 352-6695 COUNSEL FOR PLAINTIFF/APPELLEE: Central Louisiana Ambulatory Surgical Center

Stephen W. Glusman Glusman, Broyles & Glusman, LLC 701 North Street P. O. Box 2711 Baton Rouge, LA 70821-2711 (225) 387-5551 COUNSEL FOR DEFENDANTS/APPELLANTS: McDonald’s of Pineville and Louisiana Restaurant Association Self-Insurance Fund PETERS, J.

The defendants in these consolidated workers’ compensation cases,

McDonald’s of Pineville and Louisiana Restaurant Association Self-Insurers Fund,

appealed the judgment of the workers’ compensation judge rendered in favor of the

Central Louisiana Ambulatory Surgical Center (CLASC). CLASC answered the

appeal, seeking additional attorney fees for work performed on appeal. After both

sides complied with this court’s briefing schedule, but prior to oral argument, the

defendants filed a motion to dismiss their appeals. This court granted their motion

to dismiss, but reserved unto CLASC its claim for attorney fees. The attorney fee

issue is the only issue before us on appeal.

A plaintiff who successfully defends a judgment on appeal is entitled to

additional attorney fees upon request. Matt v. Agro Distribution, LLC, 05-291

(La.App. 1 Cir. 6/1/05), 904 So.2d 928. CLASC was successful in that regard despite

the fact that this court was precluded from ruling on the merits of the underlying

dispute because of the defendants’ dismissal of their appeal. Accordingly, we award

CLASC $5,000.00 in attorney fees for work performed on appeal.

CONCLUSION

For the foregoing reasons, we render judgment in favor of Central Louisiana

Ambulatory Surgical Center and against McDonald’s of Pineville and Louisiana

Restaurant Association Self-Insurers Fund in the amount of $5,000.00, said award

representing attorney fees for work performed on appeal by its counsel. We assess

all costs of this appeal to McDonald’s of Pineville and Louisiana Restaurant

Association Self-Insurers Fund.

JUDGMENT RENDERED.