Henican v. Carr

BYRNES, Judge.

This is an appeal from a judgment of the Civil District Court in which appellant, the law firm of Hennican James & Cleveland, sued Hibernia National Bank (Hibernia) for attorney fees. Appellant contends that in accord with the equitable principle of nego-tiorum gestio, CCP Art. 2292 et seq, Hibernia should pay these fees since they benefited from a concursus proceeding which appellant conducted on behalf of its client. The trial court refused to apply the article and held that a court should not resort to a principle of equity as long as the positive law is not silent on the…