Opinion
NO. 2016 CW 1607
02-06-2017
IN THE MATTER OF THE SUCCESSION OF WAYNE EDMOND BREEN
In Re: Kacie M. Breen, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2015-30176. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT GRANTED. The portion of the district court judgment of November 9, 2016 which awarded attorney fees in the amount of $1,846.28 in favor of Alyce B. Landry and against Kacie Breen is reversed. It is well settled in Louisiana that attorneys' fees are not recoverable unless authorized by statute or contract. Fontenot v. State, Department of Public Safety and Corrections, 625 So.2d 1122, 1124 (La. App. 1st Cir. 1993). There was no basis, by statute or contract, for the award of attorney fees imposed by the district court, and therefore, the award of attorney fees is vacated and reversed.
VGW
JMG
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT