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WHITEHEAD v. TEXADA

No. W87-465.

506 So.2d 966 (1987)

Gail O. WHITEHEAD and John R. Whitehead, Plaintiffs-Applicants, v. James R. TEXADA and Texada, Inc., Defendants-Respondents.

Court of Appeal of Louisiana, Third Circuit.

May 7, 1987.

Attorney(s) appearing for the Case

Wm. Henry Sanders, Jena, for plaintiffs-applicants.

Ronald J. Fiorenza, Lauren Gay Coleman of Bolen and Assoc., Alexandria, for defendants-respondents.

Before GUIDRY, DOUCET and YELVERTON, JJ.

The trial court erred in not hearing the relators' motion for disbursement of proceeds. Moody v. Arabie, 498 So.2d 1081 (La.1986) obligates an intervenor as well as the plaintiff to pay a portion of the costs of recovery, including attorney's fees, under the circumstances and criteria set out in Moody, supra. Under La.C.C.P. art. 2088(7), the trial court is not divested of jurisdiction to hear the relators' motion and decide...

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