SIMMONS, MORRIS & CARROLL v. CAPITAL ONE

No. 49,005-CA.

144 So.3d 1207 (2014)

SIMMONS, MORRIS & CARROLL, LLC, Plaintiff-Appellee v. CAPITAL ONE, N.A. and Tonya Lambert, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 7, 2014.


Attorney(s) appearing for the Case

McGlinchey Stafford, New Orleans, by Larry Feldman, Jr. , for Appellants.

Rice & Kendig, Shreveport, by William F. Kendig, Jr. , for Appellee.

Before STEWART, CARAWAY and DREW, JJ.


STEWART, J.

After falling prey to a form of what is referred to as a "Nigerian check scam," the plaintiff law firm, Simmons, Morris & Carroll, LLC (hereafter "SMC"), sued the defendants, Capital One, N.A. ("the bank") and Tonya Lambert ("Lambert"), to recover funds in the amount of $349,175 wired by SMC from its client trust account to what it believed to be a collections client in Japan. Following a bench trial, the trial court rendered judgment in favor of SMC...

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