While La. Code Civ. P. art. 2592(1) permits the award of and the determination of reasonableness of attorney fees to be via summary proceedings, such award and determination must be an incidental question arising in the course of the proceedings. SeeMAPP Construction, LLC v. Amerisure Mutual Insurance Co. , 2013-1074 (La. App. 1st Cir. 3/24/14), 143 So.3d 520, 530. "None of the matters in which the Code of Civil Procedure authorizes the use of summary proceedings (by rule to show cause) includes a determination of attorney's fees in a separate controversy. ... Summary proceedings cannot be used to fix and recover attorney fees; an ordinary process is required for that purpose." Id .

In this case, it appears that Benjamin filed his answer; however, a trial date was never set. The denial of an exception of unauthorized use of summary proceedings is an interlocutory ruling. MAPP Construction, LLC v. Amerisure Mutual Insurance Company, 2013-1074 (La. App. 1 Cir. 3/24/14), 143 So.3d 520, 526. Generally, the proper procedural vehicle to contest an interlocutory judgment is an application for supervisory writs.

The function of a declaratory judgment is simply to establish the rights of the parties or express the opinion of the court on a question of law without ordering anything to be done. MAPP Const., LLC v. Amerisure Mut. Ins. Co., 2013-1074 (La. App. 1st Cir. 3/24/14), 143 So. 3d 520, 528. Louisiana Code of Civil Procedure article 1871 provides that "[c]ourts of record within their respective jurisdictions may declare rights, status, and other legal relations whether or not further relief is or could be claimed."

[a] person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. Thus, the function of a declaratory judgment is to establish the rights of the parties or to express the court's opinion on a question of law without ordering any relief. MAPP Constr., LLC v. Amerisure Mut. Ins. Co., 13–1074 (La.App. 1 Cir. 3/24/14), 143 So.3d 520. “Trial courts are vested with wide discretion in deciding whether or not to grant or refuse declaratory relief.” In re Interment of LoCicero, 05–1051, p. 4 (La.App.

Attorney's fees are recoverable only where provided by contract or statute. See, e.g., MAPP Const., LLC v. Amerisure Mut. Ins. Co., 143 So. 3d 520, 529 (La. App. 1 Cir. 2014) (citing Avants v. Kennedy, 837 So. 2d 647, 655 (La. App. 1 Cir. 2002), writ denied, 540 So. 2d 1215 (La. 2003); Thompson v. Copolymer Intern. Inc., 446 So. 2d 1339, 1341 (La. App. 1 Cir.), writs denied, 449 So. 2d 1041 (La. 1984)) (noting inter alia that attorneys' fees must be requested in the initial pleadings); see also Dennis v. Allstate Ins. Co., 645 So. 2d 763, 766 (La. App. 5 Cir. 1994) (citing Mix v. Mougeot, 446 So. 2d 1352, 1356 (La. App. 1 Cir. 1984)). The trial court is vested with great discretion in arriving at an award of attorney's fees.

Its purpose "is simply to establish the rights of the parties or express the opinion of the court on a question of law without ordering anything to be done." MAPP Const., LLC v. Amerisure Mut. Ins. Co ., 2013-1074, p. 7 (La. App. 1 Cir. 3/24/14), 143 So. 3d 520, 528. A declaratory judgment action is an appropriate means of testing the constitutionality of a statute, an ordinance, or as here, an administrative rule.

"A claim for declaratory relief is not a summary proceeding; it requires a trial on the merits where each party has an opportunity to present evidence in a form other than verified pleadings and affidavits." MAPP Const., LLC v. Amerisure Mut. Ins. Co., 13-1074 (La. App. 1 Cir. 3/24/14), 143 So.3d 520, 530-31. The district court heard the matter as a summary proceeding over the objection of the Intestate Heirs’ counsel. The district court recognized that the law requires that a testamentary disposition be understood in the sense in which it can have effect, rather than one in which it has none.

A declaratory judgment simply establishes the rights of the parties or expresses the opinion of the court on a question of law without ordering anything to be done. MAPP Const., LLC v. Amerisure Mut. Ins. Co. , 2013-1074 (La. App. 1 Cir. 3/24/14), 143 So.3d 520, 528.

A declaratory judgment simply establishes the rights of the parties or expresses the opinion of the court on a question of law without ordering anything to be done. MAPP Const., LLC v. Amerisure Mut. Ins. Co., 2013-1074 (La. App. 1st Cir. 3/24/14), 143 So.3d 520, 528. We review a trial court's decision to grant or deny a declaratory judgment under the "abuse of discretion" standard of review.

A declaratory judgment simply establishes the rights of the parties or expresses the opinion of the court on a question of law without ordering anything to be done. MAPP Const, LLC v. Amerisure Mut. Ins. Co., 2013-1074 (La.App. 1stCir. 3/24/14), 143 So.3d 520, 528. We review atrial court's decision to grant or deny a declaratory judgment under the "abuse of discretion" standard of review.