Roper v. Loupe

250 So. 3d 1000
CourtLouisiana Court of Appeal
DecidedMay 18, 2018
DocketNUMBER 2017 CA 1239
StatusPublished

This text of 250 So. 3d 1000 (Roper v. Loupe) 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
Roper v. Loupe, 250 So. 3d 1000 (La. Ct. App. 2018).

Opinion

GUIDRY, J.

A discharged employee appeals a trial court's award of attorney fees and costs to the prevailing litigants on a special motion to strike in the employee's unsuccessful suit for defamation. For the following reasons, we amend the judgment appealed.

FACTS AND PROCEDURAL HISTORY

In April 2015, Mary E. Roper filed a 25-page petition for damages against John Chandler Loupe and the consolidated governing body of the City of Baton Rouge and the Parish of East Baton Rouge (City-Parish), alleging that Loupe had made numerous false and defamatory statements about her and that members of the City-Parish with the ability to prevent such alleged defamation failed to do so. Loupe and the City-Parish (collectively defendants) answered Roper's petition, raising several affirmative defenses and denying any liability for defamation. The defendants later filed a special motion to strike pursuant to La. C.C.P. art. 971. Following a hearing, the trial court granted the defendants' special motion to strike and dismissed all of Roper's claims with prejudice in a judgment signed July 29, 2015.

*1002On December 21, 2016, the defendants filed a motion to fix costs and for an award of those costs and attorney fees. Following a hearing, the trial court rendered judgment in favor of the defendants, ordering Roper to pay $34,643.73 in costs and attorney fees. Roper appeals that March 28, 2017 judgment, raising four assignments of error.

DISCUSSION

In her first assignment of error, Roper contends that the trial court abused its discretion in awarding attorney fees and costs to the defendants because "[t]here was no determination that [her] lawsuit was baseless or meritless [n]or could the suit have been instituted to chill speech [that] had already occurred." This argument appears to be premised on the intent of the legislature in enacting La. C.C.P. art. 971, which intent is expressed in the enacting legislation as:

The legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for redress of grievances. The legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, it is the intention of the legislature that the Article enacted pursuant to this Act shall be construed broadly.

1999 La. Acts, No. 734, § 2. Additionally, the courts of this state have further found the legislature's purpose in enacting Article 971 was "to screen out meritless claims pursued to chill one's constitutional rights under the First Amendment of the United States Constitution to freedom of speech and press." See e.g. In re Succession of Carroll, 46,327, p. 11 (La. App. 2d Cir. 7/20/11), 72 So.3d 384, 390-91, writ not considered, 11-1844 (La. 11/4/11), 75 So.3d 912 (quoting Melius v. Keiffer, 07-0189, p. 2 (La. App. 4th Cir. 3/12/08), 980 So.2d 167, 170, writ not considered, 08-1039 (La. 8/29/08), 989 So.2d 90 and Lee v. Pennington, 02-0381, p. 4 (La. App. 4th Cir. 10/16/02), 830 So.2d 1037, 1041 ).

While it has been held that the rules of statutory construction are designed to ascertain and enforce the intent of the legislature and that the paramount consideration in statutory interpretation is ascertainment of the legislative intent and the reason or reasons that prompted the legislature to enact the law, the starting point in the interpretation of any statute remains the language of the statute itself. Red Stick Studio Development, L.L.C. v. State ex rel. Department of Economic Development, 10-0193, pp. 9-10 (La. 1/19/11), 56 So.3d 181, 187. Thus, when a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. Red Stick Studio Development, L.L.C., 10-0193 at p. 10, 56 So.3d at 187-88.

In this case, La. C.C.P. art. 971(B) unambiguously provides that "a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs." The use of the mandatory term "shall" in the article leaves no room for discretion. See Bennett v. Laperouse and Son, Ltd., 09-1099, p. 5 (La. App. 1st Cir. 2/12/10), 35 So.3d 364, 367-68 ; see also La. C.C.P. art. 5053. As it has already been determined by final judgment that the defendants were the prevailing party on the special motion to strike,1 we find no abuse *1003of the trial court's discretion in awarding attorney fees and costs to the defendants.

In her second assignment of error, Roper contends that the amount of attorney fees and costs awarded by the trial court was "exorbitant" and thus unreasonable and an abuse of the trial court's discretion. In particular, she asserts that the award of reasonable attorney fees does not necessarily equate to an award of the actual attorney fees incurred. This court, however, has previously held that an award of attorney fees and costs to a prevailing party on a special motion to strike consistent with the affidavit submitted by the defendant establishing the amount of legal work performed and the costs associated therewith was proper and not an abuse of the trial court's discretion upon review. See Davis v. Benton, 03-0851, p. 10 (La. App. 1st Cir. 2/23/04), 874 So.2d 185, 191. Thus, we find no abuse of the trial court's discretion in similarly awarding attorney fees and costs in this matter.2

In her third assignment of error, Roper alleges billing errors in two of the invoices attached to the affidavit certifying the legal work performed by defendants' counsel and the costs associated therewith.

The first invoice identified by Roper contains an obvious typographical error, as the body of the invoice shows a charge of $1,831.74, which is the same amount as shown in the itemized statement attached to the invoice, but at the bottom of the invoice, in a section labeled "STATEMENT OF ACCOUNT," the sum of $4,048.48 is shown as the amount of the "current" charge.

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Related

Lee v. Pennington
830 So. 2d 1037 (Louisiana Court of Appeal, 2002)
Bennett v. LAPEROUSE AND SON, LTD.
35 So. 3d 364 (Louisiana Court of Appeal, 2010)
Louisiana State Bar Ass'n v. Edwins
540 So. 2d 294 (Supreme Court of Louisiana, 1989)
Melius v. Keiffer
980 So. 2d 167 (Louisiana Court of Appeal, 2008)
Davis v. Benton
874 So. 2d 185 (Louisiana Court of Appeal, 2004)
Camargo v. Trammell Crow Interest Co.
318 F. Supp. 2d 448 (E.D. Texas, 2004)
Succession of Carroll
72 So. 3d 384 (Louisiana Court of Appeal, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
250 So. 3d 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roper-v-loupe-lactapp-2018.