Moffett v. Moffett

Louisiana Court of Appeal

Moffett v. Moffett

67 So. 3d 1294, 10 La.App. 3 Cir. 1365, 2011 La. App. LEXIS 811, 2011 WL 2462852

CourtLouisiana Court of Appeal

DecidedJune 22, 2011

Docket10-1365

StatusPublished

Cited by1 cases

This text of 67 So. 3d 1294 (Moffett v. Moffett) 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

Moffett v. Moffett, 67 So. 3d 1294, 10 La.App. 3 Cir. 1365, 2011 La. App. LEXIS 811, 2011 WL 2462852 (La. Ct. App. 2011).

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Opinions

KEATY, Judge.

I For the reasons set forth in the companion case in this consolidated matter, Scott Brame Moffett v. Lauren Lee Moffett, 10-1364 (La.App. 3 Cir. 6/22/11), 67 So.3d 1287, we find that the trial court did not commit manifest error when it found that Evelyn Oubre took the depositions of two police officers without providing notice to opposing counsel and that her behavior was sanctionable under La.Code Civ.P. art. 1420. We find no abuse of discretion in the sanctions imposed by the trial court insofar as costs, fees, and prohibition against using the depositions are concerned. We find that the trial court abused its discretion in imposing a sanction that prohibited Lauren Moffett from calling either officer as a witness at trial, and we reverse that portion of the judgment. We find that additional sanctions pursuant to La.Code Civ.P. art. 1420 for work done on appeal are appropriate, and we award Scott Moffett an additional $1,000 in attorney fees in the companion case only. Sanctions pursuant to La.Code Civ.P. art. 863 are inappropriate. We amend the judgment accordingly. Costs are cast to Evelyn Oubre.

AFFIRMED IN PART; REVERSED IN PART; AND AMENDED IN PART. SANCTIONS FOR FRIVOLOUS APPEAL DENIED.

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KEATY, Judge.

I For the reasons set forth in the companion case in this consolidated matter, Scott Brame Moffett v. Lauren Lee Moffett, 10-1364 (La.App. 3 Cir. 6/22/11), 67 So.3d 1287, we find that the trial court did not commit manifest error when it found that Evelyn Oubre took the depositions of two police officers without providing notice to opposing counsel and that her behavior was sanctionable under La.Code Civ.P. art. 1420. We find no abuse of discretion in the sanctions imposed by the trial court insofar as costs, fees, and prohibition against using the depositions are concerned. We find that the trial court abused its discretion in imposing a sanction that prohibited Lauren Moffett from calling either officer as a witness at trial, and we reverse that portion of the judgment. We find that additional sanctions pursuant to La.Code Civ.P. art. 1420 for work done on appeal are appropriate, and we award Scott Moffett an additional $1,000 in attorney fees in the companion case only. Sanctions pursuant to La.Code Civ.P. art. 863 are inappropriate. We amend the judgment accordingly. Costs are cast to Evelyn Oubre.

AFFIRMED IN PART; REVERSED IN PART; AND AMENDED IN PART. SANCTIONS FOR FRIVOLOUS APPEAL DENIED.

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Bluebook (online)

67 So. 3d 1294, 10 La.App. 3 Cir. 1365, 2011 La. App. LEXIS 811, 2011 WL 2462852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moffett-v-moffett-lactapp-2011.

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