STATE v. PLACKE

No. 34,464-CA.

786 So.2d 889 (2001)

STATE of Louisiana, Plaintiff-Appellee, v. Allan L. PLACKE, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2001.


Attorney(s) appearing for the Case

Irwin, Fritchie, Urquhart & Moore, LLC by Gus A. Fritchie, III, New Orleans, Counsel for Appellants, Allan L. Placke, Don H. Johnson and Johnson & Placke.

McLeod & Verlander by David E. Verlander, III, Monroe, Counsel for Appellants, Timothy and Claudia Sue Conerly.

Pettiette, Armand, Dunkelman, Woodley, Byrd & Cromwell, L.L.P. by Lawrence W. Pettiette, Jr., Joseph S. Woodley, Shreveport, Counsel for Appellee, State of Louisiana.

Before BROWN, PEATROSS & KOSTELKA, JJ.


PEATROSS, J.

This appeal arises out of the State of Louisiana's overpayment of a damage award in an underlying medical malpractice suit. The State filed suit naming as defendants Ms. Conerly and her counsel in the original medical malpractice action, Allan L. Placke, Don H. Johnson and Johnson & Placke (collectively referred to herein as "Defendants"), seeking return of the overpayment. The parties filed cross motions for summary judgment. The trial court granted...

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