KEE v. CUCO'S, INC.

No. 92-685.

618 So.2d 12 (1993)

Mary Lachney KEE, Plaintiff-Appellee, v. CUCO'S, INC., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1993.


Attorney(s) appearing for the Case

Sam Charles Giordano, Alexandria, for plaintiff-appellee.

Russell L. Potter, Alexandria, for defendants-appellants.

Before STOKER and DECUIR, JJ., and CULPEPPER, J. Pro Tem.


DECUIR, Judge.

In a tort suit, the plaintiff and defendant agreed to a settlement which was recited into the record by their respective attorneys. The tape of the trial court proceeding was lost and the only existing record of the settlement is a minute entry of the trial court. At issue on appeal is whether this minute entry constitutes a writing under La.Civil Code art. 3071 such that the settlement is enforceable, and whether penalties may be recovered under LSA...

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