Legal Opinion · Concurring in part, dissenting in part

Balehi Marine, Inc. v. Firemen's Insurance Co. of Newark

Louisiana Court of Appeal

Decided May 28, 1986No. 85-CA-1409Published

1Concurring in part, dissenting in partLanier, Judge

I dissent from the amount awarded by the majority as a penalty attorney fee for the appeals in this case. In all other respects, I agree with the majority opinion.

In Burgess v. City of Baton Rouge, 477 So.2d 143, 147 (La.App. 1st Cir.1985), this panel of this court observed as follows:

An increase in attorney’s fees for services rendered on appeal is usually awarded when the defendant appeals and obtains no relief, and when the plaintiff requests it in accordance with proper appellate procedure. The basis for awarding additional attorney’s fees is that the litigant successful at the trial…

2Cases cited6 opinions

  1. Champion v. Panel Era Mfg. Co.Louisiana Court of Appeal · 1982
  2. Sibley v. Insured LloydsLouisiana Court of Appeal · 1983
  3. Balehi Marine, Inc. v. Firemen's Ins. Co. of NewarkLouisiana Court of Appeal · 1984
  4. Haynes v. Standard Fire Ins. Co.Louisiana Court of Appeal · 1979
  5. Alleman v. Hanks Pontiac-GMC, Inc.Louisiana Court of Appeal · 1986

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