ZACHARY FINANCIAL, INC. v. DARJEAN

No. 2008-CC-1673.

992 So.2d 464 (2008)

ZACHARY FINANCIAL, INC. v. Pauline B. DARJEAN and John D. Darjean.

Supreme Court of Louisiana.

October 10, 2008.


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...

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