MONROE, La. – A Louisiana man has asked a federal court to hear his lawsuit against the law firm and attorney that failed to properly represent him in a separate lawsuit filed by former tenants.
Plaintiff Kevin Belton, of Jonesboro in Jackson Parish, filed his five-page removal notice November 24 in the U.S. District Court for the Western District of Louisiana, Monroe Division.
Belton’s original petition was filed in October in the state’s Fourth Judicial District Court in Ouachita Parish. The federal court’s Monroe Division encompasses Ouachita Parish.
Defendant H2 Legal LLC was an active, registered company in Louisiana until 2022, according to Belton’s filings. Fellow defendant and owner Paul Heath Hattaway previously resided in Ruston, Lincoln Parish; however, as of November 2020, became a resident of Bent in Deschutes County, Oregon.
According to Belton’s state court complaint, H2 and Hattaway had provided legal services for Belton.
Belton had hired H2 and Hattaway to represent him in a lawsuit filed by his former tenants. Belton had sued the tenants to have them evicted. The tenants, in turn, sued Belton, alleging housing discrimination.
Hattaway, according to Belton’s complaint, had said he would attempt to settle the suit.
Turns out, Hattaway had never enrolled as counsel for Belton, much less made any filings on his behalf, the complaint states. Hattaway later claimed he was suffering from “mental health issues,” leading to his relocation in Oregon.
“Belton himself had no idea that (a) a lawsuit had been filed against him; (b) that the attorney with whom he had initially consulted had allowed the Litigation to advance without Belton’s knowledge or approval; and (3) that Hattaway had moved across the country,” the October complaint states.
In addition, Hattaway later allowed opposing attorneys to secure a “summary” judgment against Belton in the amount of $89,991.80.
“Belton, who was never personally served with any pleading or motion throughout the Litigation, was ignorant of the existence of the lawsuit,” his complaint states.
“Upon information and belief, it was not until November 2022 that Belton became aware of the lawsuit and the sizable judgment that had been taken against him as a result of Hattaway’s negligence.”
Belton argues he has suffered damages of negligence and legal malpractice, including the judgment of $89,991.80, due to Hattaway’s representation.
He contends he has “further suffered attorney’s fees and court costs” in his attempts to have the judgment overturned.
Lafayette-area law firm Jeansonne & Remondet is representing Belton in the action.
