Supreme Court of Louisiana, 2010

Kelly v. Manuel

Kelly v. Manuel
Supreme Court of Louisiana · Decided March 12, 2010
28 So. 3d 1015; 2010 WL 1050338 (Southern Reporter, Third Series)

Kelly v. Manuel

Opinion

28 So.3d 1015 (2010)

Jessica KELLY
v.
Albert MANUEL, et al.

No. 2010-CC-0247.

Supreme Court of Louisiana.

March 12, 2010.

*1016 Granted. The trial court erred in finding plaintiffs claims for penalties and attorney fees should not be included in calculating the amount of plaintiffs cause of action for purposes of La.Code Civ. P. art. 1732(1). See Cambridge Corner Corp. v. Menard, 525 So.2d 527, 530 (La. 1988). Accordingly, the judgment of the trial court striking relator's jury trial is reversed, and the case is remanded to the trial court for further proceedings.

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