Louisiana Workers' Compensation Corporation v. Sibley Construction Services, Inc. Kyle Sibley

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LOUISIANA WORKERS' NO. 2023 CW 1057 COMPENSATION CORPORATION VERSUS SIBLEY CONSTRUCTION DECEMBER 4, 2023 SERVICES, INC. AND KYLE SIBLEY In Re: Sibley Construction Services, Inc. and Kyle Sibley, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 664134. BEFORE: McCLENDON, HESTER, AND MILLER, JJ. WRIT GRANTED. The trial court's September 26, 2023 order, which granted the Second Exception of Vagueness filed by defendant-in-reconvention, Louisiana Workers' Compensation Corporation (" LWCC"), cast defendants-in-reconvention, SibleyConstruction Services, Inc. and Kyle Sibley (" Sibley"), with costs of this proceeding, and further ordered Sibley to pay reasonable attorney's fees to LWCC in the amount of five hundred 500) dollars, is reversed. We find the allegations in the Amended Reconventional Demand, asserting Sibley's claim for attorney's fees, fairly inform LWCC of the nature of the cause of action and include sufficient substantial particulars to enable LWCC to prepare its defense. See La. Code Civ. P. arts. 854, 861, and 891 (A); see also Thomas v. Sonic, 2006-0014 ( La. App. 1st Cir. 11/3/06), 950 So.2d 822, 824 . Accordingly, the Second Exception of Vagueness is denied. PMc CHH SMM COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT