Zachary Financial, Inc. v. Darjean
Zachary Financial, Inc. v. Darjean
992 So. 2d 464; 2008 WL 4531447
(Southern Reporter, Second Series)
Zachary Financial, Inc. v. Darjean
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.