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Gauthier v. Gauthier

Supreme Court of Louisiana
Apr 11, 1986
486 So. 2d 725 (La. 1986)

Opinion

Nos. 86-C-0402, 86-C-0438.

April 11, 1986.

APPEAL FROM 24TH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE ALVIN RUDY EASON, J.


Granted. It is ordered that the judgments of the trial court and the court of appeal, 483 So.2d 1158, fixing fees for the notary and appraisers are vacated and set aside. The matter is remanded to the trial court to reassess the evidence in light of the factors outlined in Hill v. Hill, 434 So.2d 1078 (La., 1983) and In Re LeBlanc, 441 So.2d 725 (La., 1983). These include:

"(1) the time and labor of the notary and appraisers,

"(2) the value of the inventory.

"(3) the number of property items to be inventoried,

"(4) the fee customarily charged in the locality for similar services, and

"(5) the experience, reputation and ability of the notary and appraisers."

The court is constrained to fix fees which are reasonable. The fees allowed heretofore are manifestly excessive. The time involved can only include work in preparation of the appraisals, not the time expended trying to collect the fees.

OTHERWISE, DENIED.

LEMMON, J., would grant the writ and set for argument.


Summaries of

Gauthier v. Gauthier

Supreme Court of Louisiana
Apr 11, 1986
486 So. 2d 725 (La. 1986)
Case details for

Gauthier v. Gauthier

Case Details

Full title:BETTY JANE HAYDEL, WIFE OF WILLIAM KOHLMANN GAUTHIER v. WILLIAM KOHLMANN…

Court:Supreme Court of Louisiana

Date published: Apr 11, 1986

Citations

486 So. 2d 725 (La. 1986)

Citing Cases

Foley v. Foley

Nevertheless, the trial court’s determination of fees must be reasonable. Gauthier v. Gauthier, 486 So.2d 725…