Zachary Financial, Inc. v. Darjean
This text of 992 So. 2d 464 (Zachary Financial, Inc. v. Darjean) 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.
Opinion
ZACHARY FINANCIAL, INC.
v.
Pauline B. DARJEAN and John D. Darjean.
Supreme Court of Louisiana.
PER CURIAM.
WRIT GRANTED. Although La. C.C.P. art. 2164 authorizes an award of damages for frivolous appeals, it does not authorize damages for a frivolous writ application, even if equitable considerations could warrant the same. Furthermore, this relator's argument conceivably is not frivolous. Therefore, we grant the writ application and reverse the $1,500.00 sanction imposed by the court of appeal.
TRAYLOR and WEIMER, JJ., dissent.
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992 So. 2d 464, 2008 WL 4531447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zachary-financial-inc-v-darjean-la-2008.