Zachary Financial, Inc. v. Darjean

Supreme Court of Louisiana
Zachary Financial, Inc. v. Darjean, 992 So. 2d 464 (La. 2008)
2008 WL 4531447
Per Curiam

Zachary Financial, Inc. v. Darjean

Opinion

992 So.2d 464 (2008)

ZACHARY FINANCIAL, INC.
v.
Pauline B. DARJEAN and John D. Darjean.

No. 2008-CC-1673.

Supreme Court of Louisiana.

October 10, 2008.

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.

Reference

Cited By
1 case
Status
Published