Jesus Alberto Fonseca Bonilla v. Brooklyn N. Eccles

JESUS ALBERTO FONSECA NO. 2024 CW 0966
BONILLA

VERSUS

BROOKLYN N. ECCLES NOVEMBER 19, 2024

In Re: Brooklyn N. Eccles, applying for supervisory writs,

Family Court in and for the Parish of East Baton Rouge,
No. 225473.

BEFORE: McCLENDON, WELCH, AND LANIER, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction
Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878
La. 1981) ( per curiam), are not met.

McClendon, J., concurs in part and dissents in part. The

district court granted this motion in part when the court ordered
Brooklyn Eccles to respond only to numbers four and five of the
requests. Pursuant to ' La. Code Civ. P. art. 1469( 4) when a motion

is granted in part and denied in part, the court may apportion the
reasonable expenses incurred in relation to the motion among the
parties and persons in a just manner. I find the district court

should have considered that it partially granted the motion to
compel when it awarded Jesus Alberto Fonseca Bonilla attorney' s
fees and costs in the amount of $ 2, 949. 29. Therefore, I would

vacate that portion of the judgment and remand this matter to the
district court to consider the award of reasonable expenses in
accordance with La. Code Civ. P. art. 1469( 4) In all other

respects, I concur with denial of the writ.

URT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COURT
FOR THE COURT