James B. Blake" Cureton v. James H. "Jimmy" Cureton and Custom Metal Fabricators, Inc. "

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

20-520

JAMES B. “BLAKE” CURETON

VERSUS

JAMES H. “JIMMY” CURETON AND

CUSTOM METAL FABRICATORS, INC.

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APPEAL FROM THE

FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2020-274 HONORABLE CLAYTON DAVIS, DISTRICT JUDGE

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BILLY HOWARD EZELL

JUDGE

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ON REHEARING

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Court composed of Billy Howard Ezell, D. Kent Savoie, and J. Larry Vidrine*, Judges.

GRANTED.

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‫٭‬Honorable J. Larry Vidrine participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore.

James A. Watson 3403 Patrick Street, Suite B Lake Charles, LA 70605 (337) 474-4886 COUNSEL FOR DEFENDANTS/APPELLANTS:

James H. “Jimmy” Cureton Custom Metal Fabricators, Inc.

Todd Samuels Clemons Todd Clemons And Associates 1740 Ryan Street Lake Charles, LA 70601 (337) 477-0000 COUNSEL FOR PLAINTIFF/APPELLEE:

James B. “Blake” Cureton

Timothy O’Dowd Jared W. Shumaker 924 Hodges Street Lake Charles, LA 70601 (337) 310-2304 COUNSEL FOR DEFENDANTS/APPELLANTS:

James H. “Jimmy” Cureton Custom Metal Fabricators, Inc.

Richard Dale Moreno PO Box 149 Lake Charles, LA 70602-0149 (337) 433-9535 COUNSEL FOR DEFENDANTS/APPELLANTS:

James H. “Jimmy” Cureton Custom Metal Fabricators, Inc.

Philip A. Franco Courtney C. Miller Jeffrey E. Richardson Kellen J. Mathews Adams and Reese, LLP 701 Poydras Street, Suite 4500 New Orleans, LA 70139 (504) 581-3234 COUNSEL FOR PLAINTIFF/APPELLEE:

James B. “Blake” Cureton

EZELL, Judge.

We now grant a rehearing on the application of Plaintiff, Blake Cureton, as

to whether he is entitled to attorney fees incurred in seeking an inspection of the

Corporation’s records. We now affirm the trial court’s award of attorney fees

insofar as it concerns Blake’s right to inspect corporate records.

On rehearing, Blake brought to our attention La.R.S. 12:1-

140(9)(B)(emphasis added), which defines “expenses” in the Business Corporation

Act as “reasonable expenses of any kind, including attorney’s fees and other

litigation-related expenses, which are incurred in connection with a matter.”

In our original opinion, we affirmed the trial court’s judgment ordering

inspection of the Corporations’ records. Pursuant to La.R.S. 12:1-1604(C), once

the court orders inspection of the records, the court “shall also order the

corporation to pay the shareholder’s expenses incurred to obtain the order”. Since

“expenses” are defined to included attorney fees, we find that Blake is entitled to

an award of attorney fees against the Corporation in connection with his inspection

of the Corporation’s records pursuant to La.R.S. 12:1-1604(C).

The rehearing application of Blake Cureton is granted, affirming the trial

court’s award of attorney fees as to the inspection of the Corporation’s records.

GRANTED.