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HUDSPETH v. SMITH

No. 42,647-CA.

969 So.2d 793 (2007)

Phoebe M. HUDSPETH, Plaintiff-Appellant v. James G. SMITH, Attorney and Carol D. Powell-Lexing, Attorney, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

November 7, 2007.

Attorney(s) appearing for the Case

Phoebe Marcella Hudspeth In Proper Person.

James Garland Smith, In Proper Person.

Sir Clyde Lain, II, Monroe, for Appellee Carol D. Powell-Lexing.

Before BROWN, GASKINS and DREW, JJ.

DREW, J.

This appeal arises from an action brought by plaintiff, Phoebe M. Hudspeth, against her attorneys, James G. Smith and Carol D. Powell-Lexing, alleging negligence, theft, breach of fiduciary duty, misrepresentation, and breach of contract. Powell-Lexing was dismissed with prejudice in a September 18, 2006, judgment sustaining an exception of no cause of action based on lack of an attorney-client relationship between Powell-Lexing and Hudspeth. Subsequently...

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