Opinion
No. 95-1147.
November 13, 1996.
APPEAL FROM THE TENTH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES, STATE OF LOUISIANA, HONORABLE JOHN B. WHITAKER, DISTRICT JUDGE, PRESIDING.
Otis Edwin Dunahoe, Jr., for plaintiff-appellee.
James Dey Kirk, Alexandria, for defendant-appellant.
Before KNOLL, THIBODEAUX, PETERS, AMY and SULLIVAN, JJ.
This matter was originally heard by this court, and an opinion was rendered reversing the trial court's denial of attorney fees to Robert C. Thomas and awarding him $5,000.00 in attorney fees. All other aspects of the trial court's judgment were affirmed. Thomas v. Busby, 95-1147 (La.App. 3 Cir. 3/6/96); 670 So.2d 603, writ granted, 96-0891 (La. 5/17/96); 673 So.2d 601. In granting the writ, the Louisiana Supreme Court remanded the matter to this court for consideration by a five-judge panel pursuant to La.Const. art. V, § 8(B).
Having complied with the instructions of the supreme court, and for the reasons expressed in our original opinion, we reverse the denial of attorney fees and award attorney fees to Robert C. Thomas in the amount of $5,000.00. We affirm the judgment of the trial court in all other respects and assess costs of this appeal to the defendants.
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
AMY, J., concurs in part and dissents in part for the reasons originally assigned in Thomas v. Busby, 95-1147 (La.App. 3 Cir. 3/6/96); 670 So.2d 603, 611.