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COLE v. MITCHELL

No. 46,546-CW.

73 So.3d 452 (2011)

Kirby E. COLE, Plaintiff-Respondent v. C. Gary MITCHELL and CNA, Defendants-Applicants.

Court of Appeal of Louisiana, Second Circuit.

September 21, 2011.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio, Monroe, LA, by Thomas M. Hayes, III , for Applicants, C. Gary Mitchell and Continental Casualty Co.

Cloyd, Wimberly, & Villemarette, Lafayette, LA, by Stacie Knox Villemarette , for Respondent.

Before BROWN, WILLIAMS, and STEWART, JJ.

BROWN, Chief Judge.

This is a legal malpractice case. Plaintiff, Kirby E. Cole, is currently in prison, having pled guilty to mail fraud in federal court. As trustee for the Phillips Foundation, plaintiff breached his fiduciary duties to the Foundation via fraudulent transfers from the Foundation of property and mineral rights to himself. Defendant, C. Gary Mitchell, was plaintiff's attorney and close friend. On August 23, 2010, plaintiff filed this action against...

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