Browne v. DeGualle Manor, Ltd.

Supreme Court of Louisiana
Browne v. DeGualle Manor, Ltd., 821 So. 2d 483 (La. 2002)
2002 La. LEXIS 2317; 2002 WL 1773368
Knoll

Browne v. DeGualle Manor, Ltd.

Opinion of the Court

In re DeGualle Manor Ltd. et al.; Crisler, William J. Jr.;—Defendant(s); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, Nos. 99-18552, 99-19006, 99-19398; to the Court of Appeal, Fourth Circuit, No. 2002-C-1306.

Stay recalled; Writ denied. We find no error in the trial court’s application of La.Code Civ. P. art. 2124. Relators are granted 48 hours from the issuance of this order to post the requisite suspensive appeal bonds, should they choose to seek a suspensive appeal.

Dissenting Opinion

KNOLL, J.,

dissents with reasons. I would grant the writ and remand this matter to the court of appeal. LSA-C.C.P. art. 2124(C) requires the court of appeal to independently review the amount of security. Without an evaluation of factors such as the defendants’ net worth, the court of appeal abused its discretion by not ascertaining whether the amount of security in this case precludes the defendants from their opportunity for a meaningful appeal. See Modjeski & Masters v. Carter, 485 U.S. 1031, 108 S.Ct. 1590, 99 L.Ed.2d 905 *484(1988). If the defendants’ net worth were to prove less than the amount of security ordered by the trial court, their inability to post security would be tantamount to an arbitrary denial of their access to the courts, violating their right to due process. Therefore, I would remand this matter to the court of appeal for such determination.

Reference

Full Case Name
Kathy BROWNE v. DeGualle MANOR, Ltd.
Status
Published