Whitehead v. Texada

Louisiana Court of Appeal

Whitehead v. Texada

506 So. 2d 966, 1987 La. App. LEXIS 9499

Louisiana Court of Appeal·Decided May 7, 1987·No. No. W87-465·Published·Cited by 3 cases

Opinion

The trial court erred in not hearing the relators’ motion for disbursement of proceeds. Moody v. Arabie, 498 So.2d 1081 (La.1986) obligates an intervenor as well as the plaintiff to pay a portion of the costs of recovery, including attorney’s fees, under the circumstances and criteria set out in Moody, supra. Under La.C.C.P. art. 2088(7), the trial court is not divested of jurisdiction to hear the relators’ motion and decide the issues. IT IS ORDERED that the trial court hear the relators’ motion for disbursement of the proceeds of the judgment signed in this matter on January 26, 1987, which judgment is now subject to execution.

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The trial court erred in not hearing the relators’ motion for disbursement of proceeds. Moody v. Arabie, 498 So.2d 1081 (La.1986) obligates an intervenor as well as the plaintiff to pay a portion of the costs of recovery, including attorney’s fees, under the circumstances and criteria set out in Moody, supra. Under La.C.C.P. art. 2088(7), the trial court is not divested of jurisdiction to hear the relators’ motion and decide the issues. IT IS ORDERED that the trial court hear the relators’ motion for disbursement of the proceeds of the judgment signed in this matter on January 26, 1987, which judgment is now subject to execution.

Whitehead v. Texada, 506 So. 2d 966, 1987 La. App. LEXIS 9499 (La. Ct. App. 1987).

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Opinion

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