Cited by

Opinions in Louisiana that cite Hampton v. Greenfield, 618 So. 2d 859.

102 citing documents.

Joseph Moraus v. Jennifer Frederick La. Ct. App. 3d Cir. 2005
3 Cir. 12/11/96), (); Doe v. Roman Catholic Church, 94-1476 (La.App.
Moraus v. Frederick 916 So. 2d 474 La. Ct. App. 3d Cir. 2005
3 Cir. 12/11/96) , (); Doe v. Roman Catholic Church, 94-1476 (La.
Harper v. Eschenazi 892 So. 2d 671 La. Ct. App. 5th Cir. 2004
stated that the ability to impose sanctions under article 863 is limited to the district court by the plain language of the article.
Vintage Wings & Things, LLC v. Toce & Daiy, LLC La. Ct. App. 3d Cir. 2004
Vintage Wings & Things, LLC v. Toce & Daiy, LLC 886 So. 2d 652 La. Ct. App. 1st Cir. 2004
Louisiana Physician Corporation v. Larrison Family Health Center, LLC La. Ct. App. 3d Cir. 2004
Further, the Louisiana Supreme Court has explained that because appeals are favored, such damages are inappropriate unless the action is “unquestionably frivolous.”
Lpc v. Larrison Family Health Center 870 So. 2d 575 La. Ct. App. 3d Cir. 2004
Keaty v. Raspanti 866 So. 2d 1045 La. Ct. App. 4th Cir. 2004
Blane Devillier Trucking, Inc. v. Anthony J. Authement La. Ct. App. 3d Cir. 2003
Blane Devillier Trucking, Inc. v. Authement 858 So. 2d 795 La. Ct. App. 1st Cir. 2003
3 Cir. 10/9/96) , , writ denied, 96-2709 (La.1/6/97)
Cynthia M. Smith v. M. Randall Comeaux, D.D.S. La. Ct. App. 3d Cir. 2003
17 (quoting Parker v. Interstate Life & Acc.
Smith v. M. Randall Comeaux, D.D.S. 857 So. 2d 1287 La. Ct. App. 1st Cir. 2003
(quoting Parker v. Interstate Life & Acc.
Norris v. Gould 854 So. 2d 448 La. Ct. App. 1st Cir. 2003
art. 2164; Cu-role v. Avondale Indus., 01-1808, p. 5 (La.App.
Hall v. Brookshire Bros., Ltd. 831 So. 2d 1010 La. Ct. App. 3d Cir. 2002
Fowler, 797 So.2d at 170 ().
Breaux v. Touchet 821 So. 2d 774 La. Ct. App. 1st Cir. 2002
the court stated: Damages for frivolous appeal are only allowed when “it is obvious that the appeal was taken solely for delay or that counsel is not sincere in the view of the law he advocates even though the court is of the opinion that such view is not meritorious.” Parker v. Interstate Life & A
LePrettre v. Progressive Land Corp. 820 So. 2d 1240 La. Ct. App. 3d Cir. 2002
But, we recognize that "[d]amages for frivolous appeal are allowed when `it is obvious that the appeal was taken solely for delay or that counsel is not sincere in the view of the law he advocates even though the court is of the opinion that such view is not meritorious.'" Broussard, 778 So.2d at 1205 , Parker v. Interstate Life & Acc.
Gagnard v. ZURICH AMER. INS. CO. 819 So. 2d 489 La. Ct. App. 3d Cir. 2002
ANR Pipeline Co. v. Louisiana Tax Com'n 815 So. 2d 178 La. Ct. App. 1st Cir. 2002
stated that the ability to impose sanctions under article 863 is limited to the district court by the plain language of the article.
McDonald Enterprises, Inc. v. Age 818 So. 2d 70 La. Ct. App. 1st Cir. 2001
Curole v. Avondale Industries, Inc. 798 So. 2d 319 La. Ct. App. 4th Cir. 2001
Fowler v. Bossano 797 So. 2d 160 La. Ct. App. 3d Cir. 2001
Smith v. Clement 797 So. 2d 151 La. Ct. App. 3d Cir. 2001
In Re Succession of Ewing 781 So. 2d 885 La. Ct. App. 2d Cir. 2001
Broussard v. Union Pacific Resources Co. 778 So. 2d 1199 La. Ct. App. 3d Cir. 2001
Fontenot v. Fontenot 774 So. 2d 330 La. Ct. App. 1st Cir. 2000
However, the supreme court has explained that damages are not allowed unless the appeal is “unquestionably frivolous!;.]”
Hester v. Hester 756 So. 2d 314 La. 2000
Verret v. State Farm Mut. Auto. Ins. Co. 759 So. 2d 115 La. Ct. App. 3d Cir. 2000
Succession of Becker 739 So. 2d 925 La. Ct. App. 1st Cir. 1999
4 Cir. 9/11/96) ; , writ denied 96-2465 (La.12/6/96, ), , |fi 862 (La.1993).
Bousay v. Allstate Insurance Co. 741 So. 2d 750 La. Ct. App. 1st Cir. 1999
Jethani v. Motwani 723 So. 2d 1042 La. Ct. App. 1st Cir. 1998
Cajun Contractors, Inc. v. Lafayette Consolidated Government 715 So. 2d 588 La. Ct. App. 1st Cir. 1998
Hester v. Hester 715 So. 2d 43 La. Ct. App. 4th Cir. 1998
4 Cir.1996) , writ denied, 96-2465 (La.12/6/96) , citing
Hawkins v. City of Jennings 709 So. 2d 292 La. Ct. App. 3d Cir. 1998
Doe v. Roman Catholic Church, 94-1476 (La.App.
Brown v. American Honda Motor Co. 704 So. 2d 1234 La. Ct. App. 1st Cir. 1997
Justice Ortique, in concurring in part and dissenting in part from the court’s opinion, refusing to uphold sanctions awarded as damages for a frivolous appeal under La.Code Civ.P.
Gallien v. Winn-Dixie 685 So. 2d 531 La. Ct. App. 3d Cir. 1996
Doe v. Roman Catholic Church, 94-1476 (La.App.
Ray v. Leatherman 688 So. 2d 1133 La. Ct. App. 3d Cir. 1996
Neff v. City Planning Com'n 681 So. 2d 6 La. Ct. App. 4th Cir. 1996
State, Department of Social Services, Support Enforcement Services ex rel. Davis v. Pierre 670 So. 2d 334 La. Ct. App. 1st Cir. 1996
George v. M & G Testing and Services, Inc. 663 So. 2d 79 La. Ct. App. 3d Cir. 1995
Mott v. Brister's Thunder Karts, Inc. 663 So. 2d 233 La. Ct. App. 3d Cir. 1995
Brandt v. St. Bernard Parish School Board 657 So. 2d 1345 La. Ct. App. 1st Cir. 1995
as authority for this proposition.
United Companies Lending Corp. v. Falterman 656 So. 2d 1090 La. Ct. App. 5th Cir. 1995
We note “[ajppeals are always favored and, unless the appeal is unquestionably frivolous, damages will not be allowed.” at 862.
Zeringue v. Zeringue 654 So. 2d 721 La. Ct. App. 1st Cir. 1995
quoting Parker v. Interstate Life & Acc.
McCall v. McCall 651 So. 2d 878 La. Ct. App. 4th Cir. 1995
Johnston v. Johnston 653 So. 2d 40 La. Ct. App. 1st Cir. 1995
Bankston v. Alexandria Neurosurgical Clinic 659 So. 2d 507 La. Ct. App. 3d Cir. 1994
Appeals are always favored, (La.
Harris v. BAG 647 So. 2d 542 La. Ct. App. 2d Cir. 1994
Comet Industries, writ denied
Cheramie v. Horst 637 So. 2d 720 La. Ct. App. 1st Cir. 1994
-63 (La.1993), quoting Parker v. Interstate Life & Accident Ins.
Jason v. Brown 637 So. 2d 749 La. Ct. App. 1st Cir. 1994
However, subsequent to this court's decision in Lewis , the Louisiana Supreme Court, stated: [T]he ability to impose sanctions under art. 863 is limited to the trial court.
MOREHOUSE PARISH HOSP. v. Pettit 630 So. 2d 1338 La. Ct. App. 2d Cir. 1994
However, we are reluctant to increase the extent of the sanctions.