RUSH, RUSH & CALOGERO v. BARRIOS

No. 97-1532.

716 So.2d 23 (1998)

RUSH, RUSH & CALOGERO, Attorneys at Law, et al., Plaintiffs— Appellants, v. Melvin BARRIOS, Kathryn Barrios, Aaron Guidry, Porter, Denton and Kobetz, A.P.L.C., and Mallia and Jacobs, Attorneys at Law Defendants—Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 7, 1998.


Attorney(s) appearing for the Case

David John Calogero, Lafayette, for Rush, Rush & Calogero, Attorneys at Law.

Philip Collins Kobetz, Paula Kobetz Woodruff, Thomas Fitzgerald Porter, IV, Lafayette, for Melvin Barrios et al.

Aaron Guidry, Lafayette, for Aaron W. Guidry et al.

Before WOODARD, DECUIR and PETERS, JJ.


WOODARD, Judge.

The plaintiff, Warren Rush, appeals the trial court's dismissal of an action he brought as a discharged attorney against the defendants, Melvin and Kathryn Barrios, his former clients, to collect his portion of a personal injury settlement that was subsequently paid to them, notwithstanding that the contingency fee contract between Rush and the Barrioses was not publicly recorded. For the reasons assigned below, we reverse and remand.

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