Lafayette Orthopedic Clinic v. Guardianship of Bell

OPINION

STATON, Judge.

Lafayette Orthopedic Clinic (“the Clinic”) appeals the trial court’s determination that the Clinic is responsible for a portion of the attorney fees generated from a recovery in favor of the Guardianship of Arthur Bell. The Clinic raises one issue for our review which we restate as: whether the trial court abused its discretion by determining that the Guardianship’s recovery constituted a “common fund.”

We reverse and remand.

The facts most favorable to the judgment reveal that Bell was injured by a third party, an independent tortfeasor. Bell sought and received treatment…