Reed v. Lombard

Supreme Court of Louisiana

Reed v. Lombard

707 So. 2d 46, 1998 La. LEXIS 100, 1998 WL 41674

CourtSupreme Court of Louisiana

DecidedJanuary 16, 1998

DocketNo. 97-C-2559

StatusPublished

This text of 707 So. 2d 46 (Reed v. Lombard) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reed v. Lombard, 707 So. 2d 46, 1998 La. LEXIS 100, 1998 WL 41674 (La. 1998).

Pincite

Opinion

PER CURIAM.

*

Writ granted. Under LSA-R.S. 18:1432(B) if a trial judge determines that an action contesting an election was filed frivolously, the judge may award all costs of court, a reasonable attorney’s fee and damages to the defendant. These costs and damages may be awarded to the defendant in the same proceeding in which the election was contested. Nothing in LSA-R.S. 18:1432(B) requires the defendant to file a motion or petition in another suit after termination of the suit contesting the election in order to recover costs and damages. Matter of Interdiction of Thomson, 602 So.2d 300 (La.App. 3rd Cir.1992), and the cases cited therein, are distinguishable since they do not deal with actions in which election results were contested. Therefore, we reverse the decision of the court of appeal and remand this case to the court of appeal to review the trial court’s determination that Reed’s lawsuit was not [47]*47frivolous and therefore no damages were owed.

JOHNSON, J., dissents believing the result is correct.

Marcus, J., not on panel. Rule IV, Part 2, § 3.

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

PER CURIAM.

*

Writ granted. Under LSA-R.S. 18:1432(B) if a trial judge determines that an action contesting an election was filed frivolously, the judge may award all costs of court, a reasonable attorney’s fee and damages to the defendant. These costs and damages may be awarded to the defendant in the same proceeding in which the election was contested. Nothing in LSA-R.S. 18:1432(B) requires the defendant to file a motion or petition in another suit after termination of the suit contesting the election in order to recover costs and damages. Matter of Interdiction of Thomson, 602 So.2d 300 (La.App. 3rd Cir.1992), and the cases cited therein, are distinguishable since they do not deal with actions in which election results were contested. Therefore, we reverse the decision of the court of appeal and remand this case to the court of appeal to review the trial court’s determination that Reed’s lawsuit was not [47]*47frivolous and therefore no damages were owed.

JOHNSON, J., dissents believing the result is correct.

Marcus, J., not on panel. Rule IV, Part 2, § 3.

Cite This Page — Counsel Stack

Bluebook (online)

707 So. 2d 46, 1998 La. LEXIS 100, 1998 WL 41674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-lombard-la-1998.

Opinion

Related

Cite This Page — Counsel Stack