GARNER v. REDWOOD INVESTMENT COMPANY XYZ XYZ (2022)

Applying For Supervisory Writ, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 665843, Court of Appeal, First Circuit, Number(s) 2021 CW 1230.

Writ application denied.

Civil Code article 3072 provides:

A compromise shall be made in writing or recited in open court, in which case the recitation shall be susceptible of being transcribed from the record of the proceedings.

An attorney may settle a case for a client only if the attorney has been given permission to do so in the same manner as that required for the compromise itself: either in writing or in open court. See Sims v. USAgencies Cas. Ins., 2010-1120 (La. App. 1 Cir. 12/22/10), 68 So.3d 570, 572, writ denied, 2011-1927 (La. 11/14/11), 75 So.3d 943.

The very reason for the rule is to prevent the present situation where the parties disagree on what may have been said over the telephone.

Hughes, J., would grant and assigns reasons. Griffin, J., would grant.