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AUDUBON TRACE, INC. v. BRIGNAC-DERBEX, INC.

No. 03-CA-746.

862 So.2d 157 (2003)

AUDUBON TRACE CONDOMINIUM ASSOCIATION, INC. v. BRIGNAC-DERBES, INC., Ronald L. Brignac, Individually, John J. Derbes, Individually, Lawrence Derbes, Individually, et als.

Court of Appeal of Louisiana, Fifth Circuit.

November 25, 2003.

Attorney(s) appearing for the Case

Scott P. Yount, Ashley Miller Scott, Preston & Cowan, L.L.P., New Orleans, LA, Counsel for Defendant/Appellant, Gulf Insurance Company.

Henry W. Kinney, Tara E. Clement, Kinney & Ellinghausen, Patrick D. Breeden, New Orleans, LA, Counsel for Defendant/Appellee/2nd Appellant, John J. Derbes.

Panel composed of Judges THOMAS F. DALEY, MARION F. EDWARDS, and WALTER J. ROTHSCHILD.

THOMAS F. DALEY, Judge.

Third party defendant, Gulf Insurance Company (Gulf), appeals the trial court's partial grant of third party plaintiff, John J. Derbes's, Motion to Assess Attorney Fees and Costs, arguing that the trial court was incorrect in implicitly finding that Gulf had the duty to defend him in the main demand. John J. Derbes also appeals the judgment, arguing that the trial court erred in denying him attorney fees and costs associated with litigating...

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