Dr. Stella Gwandiku v. State Farm Mutual Auto Ins. Co.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-580

DR. STELLA GWANDIKU, ET AL.

V. STATE FARM MUTUAL AUTO INSURANCE COMPANY, ET AL.

************ APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 225,132-D HONORABLE JOHN DAVIDSON, DISTRICT JUDGE ************ ON REHEARING ************ JAMES T. GENOVESE JUDGE ************ Court composed of Marc T. Amy, Michael G. Sullivan, and James T. Genovese, Judges.

AFFIRMED AS AMENDED.

Thomas D. Davenport, Jr. The Davenport Firm, APLC 1628 Metro Drive Alexandria, Louisiana 71301 (318) 445-9696 COUNSEL FOR PLAINTIFF/APPELLANT: Dr. Stella Gwandiku Randall B. Keiser D. Heath Trahan Keiser Law Firm, P.L.C.

Post Office Box 12358 3700 Jackson Street, Suite 102 Alexandria, Louisiana 71315-2358 (318) 443-6168 COUNSEL FOR DEFENDANTS/APPELLEES: Pat Adams P.T. & Associates, Inc. and Pat Adams GENOVESE, JUDGE.

We grant the Application for Limited Rehearing filed on behalf of Defendants, Pat Adams PT & Associates, Inc. and Pat Adams (collectively Adams), for the sole and limited purpose of addressing the issue of attorney fees on appeal, which was not addressed in our original opinion.

Considering the mandatory attorney fee language in La.Code Civ.P. art. 971(B), the fact that Adams was successful in obtaining relief on appeal, the fact that Plaintiffs, Dr. Stella Gwandiku, et al., were unsuccessful in obtaining relief on appeal, and the fact that the appeal necessitated additional work by counsel for Adams, we award Adams an additional $2,000.00 in attorney fees for work done on appeal.

Vickers v. Interstate Dodge, Inc., 04-109 (La.App. 3 Cir. 9/29/04), 882 So.2d 1236.

We hereby amend our original opinion to reflect an additional award of $2,000.00 in attorney fees to Adams for work done on appeal.

AFFIRMED AS AMENDED.