Zachary Financial, Inc. v. Darjean
Zachary Financial, Inc. v. Darjean
992 So. 2d 464; 2008 WL 4531447
(Southern Reporter, Second Series)
Cases that cite this one
1 later published case cites this decision.
- Zachary Financial, Inc. v. Darjean (La. Ct. App. 2009)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ZACHARY FINANCIAL, INC.
v.
Pauline B. DARJEAN and John D. Darjean.
Supreme Court of Louisiana.
PER CURIAM.
WRIT GRANTED. Although La. C.C.P. art. 2164 authorizes an award of damages for frivolous appeals, it does not authorize damages for a frivolous writ application, even if equitable considerations could warrant the same. Furthermore, this relator's argument conceivably is not frivolous. Therefore, we grant the writ application and reverse the $1,500.00 sanction imposed by the court of appeal.
TRAYLOR and WEIMER, JJ., dissent.
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