Erin Jackson Carter v. Louis Carter, III

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ERIN JACKSON CARTER NO. 2023 CW 0161

VERSUS

LOUIS CARTER, III JULY 24, 2023

In Re: Erin Jackson Carter, applying for supervisory writs,

21st Judicial District Court, Parish of Tangipahoa,

No. 20220001699.

BEFORE: MCCLENDON, HOLDRIDGE, AND GREENE, JJ.

REFERRAL TO APPEAL PANEL RECALLED; STAY DENIED; WRIT
GRANTED. A trial court
may order a petitioner who seeks

protection from abuse under the Domestic Abuse Assistance Act to

pay court costs and attorneys' fees if the trial court finds the
petition frivolous. La. R. S. 46: 2136. 1( B). Prior to assessing
the court costs against the petitioner in this case, the trial

court did not make an explicit finding of frivolity and there is
no evidence of record demonstrating the petition was frivolous.
Accordingly, the trial court abused its discretion in ordering
plaintiff to pay the costs of the proceeding. See Lassair on

Behalf of T. P. J. V. Paul, 2022- 0320 ( La. App. 4th Cir.

12/ 14/ 20), 353 So. 3d 1048. We hereby reverse the trial court' s

October 27, 2022 order assessing all costs of this matter to

Erin Jackson Carter.

Me
HG

Holdridge, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

T& CLERK OF COURT
FOR THE COURT