Health Education & Welfare Federal Credit Union v. Peoples State Bank
83 So. 3d 1055
La. Ct. App.2011Background
- HEW, a purchaser, sued PSB for redhibition alleging the ATM in the mobile banking unit was defective at sale.
- Trial court found a breach of fitness and fitness for a particular purpose and awarded $13,308 for ATM replacement.
- A separate evidentiary hearing fixed HEW’s attorney fees and costs; HEW sought $58,962 in fees and $7,141.44 in costs.
- Trial court awarded HEW $53,042 in fees and $4,191.19 in costs after evaluating the invoices and objections.
- Bank appealed the attorney-fee amount, arguing the award was excessive and not supported by the record.
- Court affirmed, adopting the trial court’s reasons and opinion as its own.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney-fee award was an abuse of discretion? | HEW | PSB | No abuse; award affirmed. |
Key Cases Cited
- Buteau v. Leleux, 591 So.2d 1261 (La.App. 3 Cir.1991) (abuse of discretion standard for attorney fees in redhibition)
- State, Dep’t of Transp. and Dev. v. Williamson, 597 So.2d 439 (La.1992) (ten factors for reviewing fee awards derived from Rule 1.5(a))
- Dailey v. The Home Furnishings Store, 857 So.2d 1051 (La.App. 4 Cir.2003) (great discretion; case-by-case award of fees)
- Fontenot v. State, Dept. of Public Safety and Corrections, 625 So.2d 1122 (La.App. 1 Cir.1993) (reasonableness of attorney fees)
- City of Baton Rouge v. Stauffer Chemical Company, 500 So.2d 397 (La.1987) (fee/fee-override reasonableness framework)