State of Louisiana v. Dylan Pizzolato

• Court: Louisiana Court of Appeal
• Decided: February 25, 2022
• Docket: 2021CW1609
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 CW 1609

VERSUS

DYLAN PIZZOLATO

CONSOLIDATED WITH

PRISCILLA NOEL LEFEBURE

VERSUS FEBRUARY 25, 2022

DYLAN JACOB PIZZOLATO

In Re: Katherine Reznik Benoit, applying for supervisory writs, Family Court in and for the Parish of East

Baton Rouge, No. 217897 c/ w 218072.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT GRANTED WITH ORDER. The family court' s November 23, 2021 order which denied the motion to proceed in forma pauperis filed by Katherine Benoit is vacated. Where a motion for sanctions is brought against an attorney, he or she is a party in interest. Should the motion be successful, judgment will be rendered against the attorney personally. Any appeal must be taken in the attorney' s name. Williams v. Hattan, 594 So. 2d 977, 979 ( La. App. 3d Cir. 1992), writ denied, 600 So. 2d 606 La. 1992). See also In re Succession of Horn, 2002- 430 ( La.

App. 5th Cir. 9/ 30/ 02), 827 So. 2d 1241, 1247, writ denied, 2002- 2917 ( La. 2/ 7/ 03), 836 So. 2d 105. Accordingly, for purposes of

an appeal of an award of sanctions against Katherine Benoit, she

is a party in interest and is entitled to seek pauper status.

This matter is remanded to the family court to consider the merits of Katherine Benoit' s motion to proceed in fora pa uperi s .

VGW AHP CHH

D" - DEPUTY CLIERK OF COURT FOR THE COURT