2008-CC-1673 Precedential Writ granted. Processed

Zachary Financial, Inc. v. Darjean

Louisiana Supreme Court · Filed October 10, 2008 · 992 So. 2d 464

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Opinion text

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.