Health Education & Welfare Federal Credit Union v. Peoples State Bank

83 So. 3d 1055, 11 La.App. 3 Cir. 672, 2011 WL 6058044, 2011 La. App. LEXIS 1453
CourtLouisiana Court of Appeal
DecidedDecember 7, 2011
DocketNo. 11-672
StatusPublished
Cited by10 cases

This text of 83 So. 3d 1055 (Health Education & Welfare Federal Credit Union v. Peoples State Bank) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Health Education & Welfare Federal Credit Union v. Peoples State Bank, 83 So. 3d 1055, 11 La.App. 3 Cir. 672, 2011 WL 6058044, 2011 La. App. LEXIS 1453 (La. Ct. App. 2011).

Opinion

THIBODEAUX, Chief Judge.

Lin this redhibition matter, Plaintiff Health Education and Welfare Credit Union (“HEW’) filed suit against Defendant The Peoples State Bank (“the Bank”) seeking a return or reduction in the purchase price of a mobile banking unit sold to HEW because the automated teller machine (“ATM”) on the unit was defective at the time of the sale. After trial, the trial court ruled in favor of HEW, finding that the Bank breached the warranties of fitness and fitness for a particular purpose. [1056]*1056The trial court awarded HEW $18,808.00 in specific damages. The trial court held an evidentiary hearing on the issue of attorney fees and costs. The trial court issued a final judgment and awarded HEW attorney fees and costs in the amounts of $53,042.00 and $4,191.19, respectively. We affirm.

I.

ISSUE

We must decide whether the trial court abused its discretion in awarding $53,042.00 in attorney fees to HEW.1

II.

FACTS AND PROCEDURAL HISTORY

The facts in this matter are not in dispute. The underlying action stemmed from the sale of a mobile banking unit from the Bank to HEW. The trial court awarded HEW $13,308.00 for the replacement of a defective ATM that was part of the mobile banking unit. The trial court held a separate evidentiary hearing to fix the amount of attorney fees and costs.

In advance of the evidentiary hearing, HEW filed its Motion and supporting proof seeking $58,962.00 in attorney fees and $7,141.44 in costs. At |2the hearing, counsel for the Bank only generally opposed the amount of attorney fees sought by HEW. The Bank’s counsel failed to specifically object to any of HEW’s itemized invoices and was admittedly unprepared to do so. The trial court granted the Bank’s request to file a supplemental brief to specifically challenge HEW’s invoices. HEW subsequently filed a brief in reply.

After the evidentiary hearing and after reviewing both parties’ briefs concerning the invoices, the trial court issued its final judgment and awarded $53,042.00 in attorney fees and $4,191.19 in costs to HEW. The Bank appeals the amount of attorney fees awarded.

III.

LAW AND DISCUSSION

Standard of Review

We review an award of attorney fees in a redhibition case for abuse of discretion. Buteau v. Leleux, 591 So.2d 1261 (La.App. 3 Cir.1991). As this court stated in Buteau, “[bjefore this court will disturb an award by the trial court, the record must clearly reveal that the trier of fact abused its much discretion in making the award.” Id. at 1266 (citations omitted).

Discussion

The supreme court articulated ten factors to be considered in reviewing the reasonableness of an award of attorney fees: “(1) the ultimate result obtained; (2) the responsibility incurred; (3) the importance of the litigation; (4) amount of money involved; (5) extent and character of the work performed; (6) legal knowledge, attainment, and skill of the attorneys; (7) number of appearances made; (8) intricacies of the facts involved; (9) diligence and skill of counsel; and (10) the court’s own knowledge.” State, Dep’t of Transp. and Dev. v. Williamson, 597 So.2d 439, 442 (La.1992). The supreme court noted that these factors were derived from Rule 1.5(a) of the Rules of Professional Conduct. Id.

A trial court is afforded much discretion in awarding attorney fees in a redhibition case. Dailey v. The Home [1057]*1057Furnishings Store, 02-1225 (La.App. 4 Cir. 9/17/03), 857 So.2d 1051. Attorney fees should be awarded on a case-by-case basis after examining the factors listed above. It is not per se unreasonable, as a matter of law, for the attorney fees award to be greater than the award for damages. Id.

At the evidentiary hearing in this matter, the trial court was presented with a plentitude of documentary evidence. It is clear from reviewing the trial court’s ruling and reasons for judgment that the court meticulously analyzed that evidence before awarding attorney fees. We see no reason to re-hash its thorough analysis, and we find no abuse of discretion in the amount of attorney fees awarded. Thus, we affirm, and we adopt the trial court’s well-reasoned opinion as our own. Its opinion is incorporated by reference as Appendix “A” to this opinion.

IV.

CONCLUSION

For the reasons articulated above, we affirm the judgment of the trial court, adopt its opinion as our own, and incorporate its opinion by reference. Costs of this appeal are assessed against The Peoples State Bank.

AFFIRMED.

Appendix “A”

LHEALTH EDUCATION AND WELFARE FEDERAL CREDIT UNION

VERSUS

THE PEOPLE’S STATE BANK

DOCKET NUMBER 82,294 B

10TH JUDICIAL DISTRICT COURT

NATCHITOCHES PARISH, LOUISIANA

RULING AND REASONS FOR RULING CONCERNING ATTORNEY FEES AND COSTS

The Court previously awarded the plaintiff, Health Education and Welfare Federal Credit Union (“HEW”), the amount of $13,308.00 for the replacement of a defective ATM, which was a part of a mobile banking unit (“MBU”) that was sold to HEW by the defendant, The People’s State Bank (“PSB”). The Court also awarded reasonable attorney fees and costs to HEW, to be determined at an evidentiary hearing to fix the amount to be awarded. The reader is referred to the Court’s written reasons for judgment concerning the case on the merits which is incorporated herein by reference.

FACTS

HEW filed its Motion and Application for Court to Fix Attorney’s Fees with attached supporting proof, i.e., invoices, documents, affidavits, etc. HEW is seeking $58,962.00 in attorneys fees and $7,141.44 in costs. (This amount of attorneys fees includes $5,000 estimated post judgment future fees.) The defendant, PSB, filed a Response to Plaintiffs Memorandum in Support of Motion and Application for Court to Fix Attorney’s Fees. Without any particular basis for its argument, PSB asserted that attorney’s fees should be fixed in the amount of $7,500.00, one half of the amount awarded to replace the defective ATM machine built in the MBU it sold to HEW.

|sAt the hearing, PSB was not prepared to argue in opposition to any specific charge on the invoices submitted and filed in the record by HEW’s counsel. While PSB did raise general questions about whether it was reasonable for HEW to have two attorneys for the trial and whether the redacted time entries should be considered, it was PSB’s position that the [1058]*1058amount awarded to HEW for replacement of the ATM should essentially be the only or main consideration in determining attorney’s fees. PSB argued that the attorney’s fees should be set at no more than the amount awarded for replacement of the ATM. Ultimately, PSB’s counsel asked for permission to file a post hearing brief in which he would address the individual invoices entered in the record. The Court granted his request and allowed a response to be filed by HEW. Consequently, HEW felt it necessary to respond.

ANALYSIS

Attorney fees are only recoverable when authorized by statute or contract. Fontenot v. State, Department of Public Safety and Corrections,

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Bluebook (online)
83 So. 3d 1055, 11 La.App. 3 Cir. 672, 2011 WL 6058044, 2011 La. App. LEXIS 1453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/health-education-welfare-federal-credit-union-v-peoples-state-bank-lactapp-2011.