Opinion
No. 98-C-1946
October 30, 1998
IN RE: Lafayette Consolidated Govn't.; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Lafayette 15th Judicial District Court Div. "B" Number 973,564; to the Court of Appeal, Third Circuit, Number CA98-0180
Granted. Judgment of the court of appeal is reversed insofar as it held that relator's appeal was frivolous, awarded damages for frivolous appeal, and remanded for assessment of possible further damages. Under the circumstances of this case, it cannot be said that the appeal was frivolous. Otherwise, relator's writ is denied.
LEMMON, J. not on panel.