Supreme Court of Louisiana, 2004

Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P. v. Ogunbor

Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P. v. Ogunbor
Supreme Court of Louisiana · Decided December 17, 2004 · Weimer
889 So. 2d 1026; 2004 La. LEXIS 3693; 2004 WL 2914034 (Southern Reporter, Second Series)

Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P. v. Ogunbor

Concurring Opinion

| (WEIMER, J.,

concurring.

The petition is captioned “Suit on Open Account.” The pleadings allege “[o]n or about the dates shown on the itemized statements attached hereto and made part hereof and marked for identification as exhibit ‘A,’ petitioner performed legal services on the account of defendant.” (Emphasis supplied.) Additionally, the petition alleges entitlement to attorney’s fees.1

Considering the ambiguous pleadings and undeveloped record, I concur in the decision to refer the exception of prescription to the merits.

. See LSA-R.S. 9:2781 which provides for the potential award of attorney fees for suits on open account.

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