CHARITY HOSP. OF LOUISIANA v. BAND

Nos. 91-CA-0709, 91-CA-0710.

593 So.2d 1392 (1992)

CHARITY HOSPITAL OF LOUISIANA IN NEW ORLEANS v. David A. BAND, Jr. consolidated with CHARITY HOSPITAL OF LOUISIANA IN NEW ORLEANS v. Lynn E. McCRIMMONS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 18, 1992.


Attorney(s) appearing for the Case

David Band, Jr. in pro per, and for appellant Lynn E. McCrimmons.

Miles G. Trapolin, Trapolin Law Firm, New Orleans, for appellee.

Before LOBRANO and ARMSTRONG, JJ., and BRYAN, J. Pro Tem.


LOBRANO, Judge.

In this appeal attorney David Band, Jr. asserts he is entitled to a contingency fee on the funds due Charity Hospital out of the proceeds received in settling a personal injury suit on behalf of his client. The issue is a legal one and is appropriate for disposition by way of summary judgment. Charity Hospital answers the appeal seeking damages for frivolous appeal.

FACTS:

On February 1, 1989, Lynn E. McCrimmons was injured in a motor...

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