Opinion
No. 96-CA-2537.
March 11, 1998.
APPEAL FROM CIVIL DISTRICT COURT, FOR THE PARISH OF ORLEANS, NO. 96-19244, STATE OF LOUISIANA, DIVISION "H"; HONORABLE MICHAEL G. BAGNERIS, J.
William F. Wessel, Charlotte A. LaGarde, Wessel Associates, New Orleans, for Defendant/Appellant.
Edwin A. Stoutz, Jr., New Orleans, for Plaintiff/Appellee.
Before BARRY, KLEES and JONES, JJ.
Prior report: La., 707 So.2d 46.
We review this matter on remand from the Supreme Court, reversing our determination that appellant's suit for damages was premature. The Supreme Court also ordered this Court to consider whether the trial court's determination that appellee's suit was not frivolous is without merit. Considering the failure of the trial court to grant appellant a full hearing in which to prove that the suit of Morris Reed was frivolous, we vacate the trial court's judgment of dismissal as to appellant's motion for costs and attorneys's fees, and remand to the trial court for an evidentiary hearing on the motion.
VACATED AND REMANDED .