Opinion
NO. 2017 CW 1240
10-16-2017
CINDY CELESTINE DARDAR, PERCY M. DARDAR, ALVIN B. DARDAR, AND LITLE LAKE OYSTER CO., LLC v. MELIA BRUNET DARDAR, AS EXECUTOR OF THE SUCCESSION OF PERCY B. DARDAR, SR., ET AL Consolidated with ALVIN B. DARDAR, AND LITTLE LAKE OYSTER CO., LLC v. FRANCIS I. SPAGNOLETTI, ET AL
In Re: Walter Guidry, Indian Ridge Seafood, LLC, and Melia Brunet Dardar, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 178426 c/w 178756. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED. The August 11, 2017 judgment of the trial court which granted the Motion to Disqualify Stone Pigman Walther Wittmann, LLC filed by plaintiffs, Cindy Celestine Dardar, Percy M. Dardar, Alvin B. Dardar and Little Lake Oyster Co., L.L.C., is reversed. Plaintiffs, Cindy Celestine Dardar, Percy M. Dardar, Alvin B. Dardar and Little Lake Oyster Co., L.L.C., were not clients of Stone Pigman Walther Wittmann, LLC or any of its attorneys, and accordingly, have no standing to seek the disqualification of such attorneys. See Rule 1.9 of the Rules of Professional Conduct; Indest v. Sherman, 2004-786 (La. App. 5th Cir. 1/25/05), 894 So.2d 510, in which the court found "ex proprio motu that plaintiffs have not asserted any facts which would indicate to this Court that they have standing to bring this action to disqualify defense counsel. There is no indication that defense counsel has ever represented plaintiffs in any capacity whatsoever. The prohibition in the Rules of Professional Conduct, cited by plaintiff, does not extend to plaintiffs in these circumstances. Therefore, we find that plaintiffs have failed to state a right or interest to bring a motion to disqualify defense counsel. La.C.C.P. art. 927." The Motion to Disqualify Stone Pigman Walther Wittmann, LLC filed by plaintiffs, Cindy Celestine Dardar, Percy M. Dardar, Alvin B. Dardar and Little Lake Oyster Co., L.L.C., is denied.
TMH
AHP
Holdridge, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT