Maximized Marketing, LLC v. Baldwin Motors, Inc

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

MAXIMIZED MARKETING, LLC NO. 2025 CW 1118

VERSUS

BALDWIN MOTORS, INC., D/B/A JANUARY 30, 2026

BALDWIN LINCOLN AND BALDWIN

SUBARU

In Re: Brad Pender, as distributee of Maximized Marketing, LLC,

applying for supervisory writs, 22nd Judicial District
Court, Parish of St. Tammany, No. 202014208.

BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER. The district court’s July 31, 2025
ruling which overruled the objection of plaintiff, Maximized
Marketing, LLC, by and through its distributee, Brad Pender, to
the amount of the suspensive appeal bond set by the district court
is reversed. When the judgment is for a sum of money, the amount
of the security for a suspensive appeal shall be equal to the
amount of the judgment, including the interest allowed by the
judgment to the date the security is furnished, exclusive of the

costs. La. Code Civ. P. art. 2124(B) (1). The judgment at issue
awarded attorneys’ fees in the sum of 33 1/3% of the principal sum
awarded in the same judgment, along with interest. The long

standing rule of law is that attorneys’ fees are not included in
costs. In re Tutorship of Blanque, 98-428 (La. App. 5th Cir.
11/25/98), 722 So.2d 1132, 1133. The only exclusion provided by
La. Code Civ. P. art. 2124(B) (1) with regard to the calculation of
a suspensive appeal bond is “costs”. Costs do not include
attorneys’ fees. Id. Accordingly, this matter is remanded to the
district court with instructions to increase the amount of the
suspensive appeal bond to include a calculation considering the
attorneys’ fees awarded in the judgment at issue.

PMc
HG
TPS

COURT OF APPEAL, FIRST CIRCUIT

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DRPUTY CLERK OF COURT
( FOR THE COURT