Blanchet v. Boudreaux

175 So. 3d 460, 15 La.App. 3 Cir. 60, 2015 La. App. LEXIS 1580, 2015 WL 4923786
CourtLouisiana Court of Appeal
DecidedAugust 19, 2015
DocketNo. 15-60
StatusPublished
Cited by2 cases

This text of 175 So. 3d 460 (Blanchet v. Boudreaux) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanchet v. Boudreaux, 175 So. 3d 460, 15 La.App. 3 Cir. 60, 2015 La. App. LEXIS 1580, 2015 WL 4923786 (La. Ct. App. 2015).

Opinion

GREMILLION, Judge.

LThe defendant, Henry Albert Bou-dreaux, Jr., appeals the trial court’s judgment awarding the plaintiffs, Benjamin and Anne Blanchet, sanctions in the form of attorneys’ fees and expenses. For the following reasons, we affirm as amended.

FACTUAL AND PROCEDURAL BACKGROUND

The Blanchets hired Boudreaux as an architect and, later, contractor, for a million-dollar addition to their historic 1840s Acadian home located in Meaux, Louisiana. In September 2012, the Blanchets filed suit against Boudreaux for defective design and construction, breach of contract, and unjust enrichment. The underlying litigation is still pending in the trial court. In May 2014, the trial court awarded the Blanchets sanctions against Boudreaux comprised of $57,306.88 in attorneys’ fees and $8,959.85 in expenses, for a total of $66,266.73. Boudreaux now appeals and assigns as error the award of attorneys’ fees and expenses of $66,266.73. The Blanchets answer the appeal and request additional sanctions for frivolous appeal.

DISCUSSION

Boudreaux’s central argument is that the trial court’s award of attorneys’ fees and expenses as a sanction is based primarily on unauthorized admissions made by Boudreaux’s former counsel in his answer to the Blanchets’ petition. Bou-dreaux claims that the unauthorized admissions led to the summary judgment in favor of the Blanchets and resulted in the erroneous fee award. At the very least, Boudreaux claims, the award is excessive. We disagree.

Louisiana Code of Civil Procedure Article 863 authorizes the imposition of sanctions when pleadings have been made in violation of the article, i.e., for an | /improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.” La.Code Civ.P. art. 863(B)(1). Appropriate sanctions include “an order to pay to the other party the amount of the reasonable expenses incurred because of the filing of the pleading, including reasonable attorney fees.” La.Code Civ.P. art. 863(D). When the trial court imposes a sanction, it must describe the reasons for doing so. La. Code Civ.P. art. 863(G). We review the decision of a trial court to award sanctions using the manifest error/clearly wrong standard. Acosta v. B & B Oilfield Servs., Inc., 12-122 (La.App. 3 Cir. 6/6/12), 91 So.3d 1263; David v. David, 14-657 (La. App. 3 Cir. 12/23/14), 156 So.3d 219, writ denied, 15-0171 (La.4/24/15), 169 So.3d 356. The trial court’s determination of the type and amount of sanctions is reviewed using the abuse of discretion standard.

A trial court has considerable discretion as to the type and severity of sanctions to be imposed, once it determines that sanctions are appropriate. The trial court must consider four factors to determine the appropriate sanction award: 1) what conduct is being punished or is sought to be deterred?; 2) what expenses or costs were caused by the violating rule?; 3) were the costs or expenses “reasonable” as opposed to self-imposed, mitigatable, or the result of a delay in seeking the intervention of the court?; and 4) was the sanction the least severe to achieve the purpose of the rule? The goal to be served by imposing sanctions pursuant to [La.Code Civ.P.] art. 863 is not wholesale fee shifting, but rather the correction of an abuse of litigation by the awarding of reasonable, not necessarily actual, attorney fees.

Acosta, 91 So.3d at 1269 (quoting Thibodeaux v. Billiott, 04-1308, p. 8 (La.App. 5 [463]*463Cir. 3/1/05), 900 So.2d 110, 115) (citations omitted).

At the initial February 2014 hearing pertaining to the sanctions, the trial court found:

I’ve got real questions about his credibility, as well, too. I mean — And I don’t think anybody doesn’t, that reads his deposition Rand reads what’s filed. I mean, there are all sorts of contradictions and inconsistencies.
And, you know, whether he’s intentionally doing it or whether he’s got some, you know, horrible memory issue, I don’t know what his issue is. But it certainly is concern — of concern to this Court that he is abusing the system by doing this.
[[Image here]]
Let me hear from Mr. Best again. Mr. Best, I think Mr. Perret has made some good points about the fact that your client has certainly changed his position often. And it does appear, on the face, that he is attempting to manipulate the system by doing so. So let me hear you address that.
[[Image here]]
[T]he Court certainly feels it’s my responsibility to make sure that the system is not abused. And, in this case, I will say there was abuse.

At a hearing in November 2014 on several motions, the trial court provided further justification for the imposition of sanctions stating:

I mean, it’s complicated. It involves lots of pleadings and lots of. history of what happened here- I did not impose those sanctions simply because they asked to amend their petition. I imposed it because of the circumstances and the history of this case and what had taken place prior to the request to amend[.]

Based on our review of the record, we find the trial court did not manifestly err in finding that sanctions were warranted against Boudreaux. The record is replete with evidence that Boudreaux purposely abused the legal process and misled the trial court to delay and extend the litigation as discussed below. ,We further find no abuse of discretion in the trial court’s award of $66,266.73 in sanctions to the Blanchets, as this represents reasonable attorney fees and expenses for the amount of work performed.

\ ¿Evidence

The Blanchets’ September 2012 Petition for Damages and Declaratory Relief states in part:

12.
The parties exchanged, but never executed, drafts of written agreements for the architectural and construction services. Orally, the parties agreed on the budget Boudreaux and HSB prepared for the Project. Petitioners agreed to pay Boudreaux the actual cost of the labor and materials incurred and, for his services as both architect and contractor, , $200,000, with the opportunity to earn a $50,000 bonus if the Project were completed on time, and an additional $50,000 bonus if it were completed on budget. These payments for services were in addition to the hourly fees already paid Defendants.
13.
In addition to the work that constitutes the Project, the parties anticipated that there would be additional work to the existing home. For that work, Defendants would be entitled to a fee of 12% of the actual, third-party costs of that additional work. Further, that additional work would not be considered in determining whether Defendants were [464]*464entitled to bonuses based on meeting the agreed timeframe or budget.

The petition alleges defective design, negligent and defective construction, neg•ligent supervision, breach of contract, unjust enrichment, and damages. In ' his answer and reconventional demand,1 Bou-dreaux admitted the compensation agreement of $200,000.00 plus a $100,000.00 incentive-based compensation. Thereafter, the Blanchets noticed several records depositions. On February 4, 2013, Bou-dreaux filed a Motion & Order for Protective Orders.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
175 So. 3d 460, 15 La.App. 3 Cir. 60, 2015 La. App. LEXIS 1580, 2015 WL 4923786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchet-v-boudreaux-lactapp-2015.