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Lowe, Stein, Hoffman, Allweiss & Hauver, L.L.P. v. Cheramie
Citations: 49 So. 3d 457; 2010 La.App. 4 Cir. 0588; 2010 La. App. LEXIS 1304; 2010 WL 3819056Docket: No. 2010-CA-0588
Court: Louisiana Court of Appeal; September 29, 2010; Louisiana; State Appellate Court
Defendant Colleen C. Cheramie appeals the trial court's judgment favoring plaintiff Lowe, Stein, Hoffman, Allweiss, Hauver, LLP in an action on an open account related to legal services rendered in her divorce case. The trial court awarded Lowe, Stein $79,839.74 plus legal interest from the date of judicial demand and $20,000.00 in attorneys' fees and costs. Cheramie raises three assignments of error on appeal: 1) alleging the trial court incorrectly classified the case as one on "open account" and improperly awarded attorneys' fees; 2) claiming the court failed to assess the reasonableness of the attorney fees; and 3) arguing that the awarded fees were excessive. The court affirms that under Louisiana law (La. R.S. 9:2781), debts for legal services are considered open accounts, and as Cheramie failed to pay after receiving a written demand, Lowe, Stein is entitled to attorneys' fees. The court finds no merit in Cheramie's first error. Regarding the second and third errors, the court notes these were not raised in the trial court and thus cannot be considered on appeal, consistent with established jurisprudence. The court concludes that although the appeal did not succeed, it was not deemed frivolous, and therefore no additional costs or fees will be awarded to the appellee. The trial court's judgment is affirmed.