Hamilton v. Louisiana Casino Cruises, Inc.

828 So. 2d 1, 2000 WL 33941952
CourtLouisiana Court of Appeal
DecidedJune 10, 2000
DocketNo. 99/CA/1147
StatusPublished
Cited by3 cases

This text of 828 So. 2d 1 (Hamilton v. Louisiana Casino Cruises, Inc.) 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
Hamilton v. Louisiana Casino Cruises, Inc., 828 So. 2d 1, 2000 WL 33941952 (La. Ct. App. 2000).

Opinion

| THIBODEAUX, J.

In this sexual harassment case, the defendant, Louisiana Casino Cruises, Inc., d/b/a, Casino Rouge (hereinafter “Casino Rouge”), suspensively appeals the trial court’s judgment in favor of plaintiff, Anna Hamilton. Casino Rouge does not dispute Ms. Hamilton’s acceptance of its offer of judgment pursuant to La.Code Civ.P. art. 970. Rather, it disagrees with the trial court’s phraseology of the judgment memorializing the offer of judgment. Plaintiff answers, requesting damages for a frivolous appeal.

For the following reasons, we affirm the trial court’s judgment and also award $5,000 attorney fees for the frivolous appeal.

I.

ISSUES

For Casino Rouge, we shall consider:

1. whether the trial court erred in finding that reference to Louisiana Code of Civil Procedure Article 970 in a judgment incorporates the stipulation that the judgment is made without an admission of liability and settlement of Anna Hamilton’s claim; and,
2. whether the court erred in granting Ms. Hamilton’s Motion for Entry of Judgment pursuant to Article 970.

For Anna Hamilton, we shall consider:

1. whether Ms. Hamilton should be granted a dismissal of Casino Rouge’s appeal; and,
2. whether Casino Rouge’s appeal is frivolous, thus entitling Ms. Hamilton to damages, costs and additional attorney fees.

[[Image here]]

FACTS

Anna Hamilton was hired by Casino Rouge in May 1995 as a cocktail waitress. Beginning in May 1995, Ms. Hamilton alleges that she was sexually harassed by employees and supervisors of Casino Rouge. After reporting the incidences to her supervisory personnel, Ms. Hamilton contends that Casino Rouge failed to take adequate steps to protect her in her work environment, and subsequently retaliated against her by transferring her to less desirable work shifts and by subjecting her to increased discipline. - Ms. Hamilton was compelled to seek psychological and psychiatric treatment as a result of this mistreatment. On or about August 20, 1997, Ms. Hamilton resigned from her job at Casino Rouge.

Ms. Hamilton filed suit against Casino Rouge on August 19, 1997 for damages. After several months of discovery, Casino Rouge offered Ms. Hamilton a judgment by a letter dated November 10, 1998. Ms. Hamilton timely accepted the offer in a [3]*3letter from her attorney dated November 16,1998.

The parties began discussions related to the phrasing of the consent judgment to be submitted to the court for its signature. Casino Rouge desired to have the phrase “without any admission of liability” inserted into the court’s judgment. After an agreement could not be reached, both parties filed motions for entry of judgment pursuant to Louisiana Code of Civil Procedure Article 970. The trial court conducted a hearing on February 18, 1999. On that date, the court signed the judgment submitted by Ms. Hamilton, finding that reference to Article 970 of the Louisiana Code of Civil Procedure was sufficient to imply the language sought by Casino Rouge in its motion.

|sOn March 10, 1999, the trial court granted Casino Rouge’s Motion and Order for Suspensive Appeal. Ms. Hamilton filed a motion to dismiss the appeal, and she filed an answer, asserting that Casino Rouge’s appeal is frivolous.

III.

LAW AND DISCUSSION

Standard of Review

The issue of whether a reference to Article 970 of the Louisiana Code of Civil Procedure incorporates the requirement “without admission of liability” is a question of law. Questions of law are resolved by determining whether the trial judge was legally correct or legally incorrect. Taylor v. Taylor, 97-1565 (La.App. 1 Cir. 6/25/99); 739 So.2d 256.

“Appellate review of questions of law is simply review of whether the trial court was legally correct or incorrect.” Zanders v. Golden Age Home Care Ctr., 97-0218, p. 3 (La.App. 1 Cir. 12/29/97); 705 So.2d 296, 297. “[AJppellate review of questions of law is simply to discern whether the trial court’s interpretive decision is legally correct.” Morin v. Foret, 98-0120, p. 7 (La.App. 3 Cir. 4/14/99); 736 So.2d 279, 283. “The manifest error doctrine relates only to factual findings of the trier of fact and has no application to conclusions of law .... ” Hayden v. New Orleans Baton Rouge Steamship Pilots Fee Comm’n., 96-0062, 96-0063, p. 4 (La. App. 1 Cir. 1/8/97); 690 So.2d 79, 83 (citation omitted).

Language of Judgment

Casino Rouge argues that the trial court erred in determining that reference to Article 970 of Louisiana Code of Civil Procedure satisfies the stipulation that its judgment is made without admission of liability and in settlement of Ms. 14Hamilton’s claim. The fundamental argument of Casino Rouge is that reference to the title of Article 970 is insufficient to express that the judgment is entered into without admission of liability. Casino Rouge insists that “[i]f a title is not part of the statute or article and can be used to interpret its meaning only when ambiguity exists, it stands to reason that the title cannot be used to implicate specific provisions and statements of that article.”

In its brief, Casino Rouge erroneously concludes that the title of the article in dispute is, “Louisiana Code of Civil Procedure Article 970.” Black’s Law Dictionary, 6th Ed., West Publishing Company 1991, p. 1032, defines “title” as follows:

[T]he name by which anything is known .... So, in legislation, the title of a statute is the heading or preliminary part, furnishing the name by which the act is individually known. It is usually prefixed to the statute in the form of a brief summary of its contents; as “An act for the prevention of gaming.”

[4]*4(Emphases added). “Title of an act” is defined as, “The heading, or introductory clause, of a statute, wherein is briefly recited its purpose or nature, or the subject to which it relates.” Id. at 1084.

The title of the article in dispute is “Motion for judgment on offer of judgment,” not “Louisiana Code of Civil Procedure Article 970” as maintained by Casino Rouge.

La.Code Civ.P. art.970, which is the numeric reference to “Motion for judgment on offer of judgment,” states, in pertinent part:

A. At any time more than thirty days before the time specified for the trial of the matter, without any admission of liability, any party may serve upon an adverse party an offer of judgment for the purpose of settling all of the claims between them.

Ut is painstakingly obvious that Ms. Hamilton’s judgment, which was accepted by the trial court, did not include the title of the article. The judgment reads, “Pursuant to the offer of judgment under La. C.C.P. Art. 970 made on behalf of Louisiana Casino Cruises, Inc.... there be and is hereby rendered judgment in this matter in favor of Anna Hamilton and against Louisiana Casino Cruises, Inc.... in the full amount and true sum of $20,000 .... ” (emphasis added). Reference to the article in such a manner incorporated and discussed the entire relevant portions of Article 970.

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

Related

Hendrick v. Patterson
109 So. 3d 475 (Louisiana Court of Appeal, 2013)
Gobble v. State
104 So. 3d 920 (Court of Criminal Appeals of Alabama, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
828 So. 2d 1, 2000 WL 33941952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-louisiana-casino-cruises-inc-lactapp-2000.