Opinion
NO. 2016 CW 1461
03-23-2017
KENT BILLIOT AND TEQUILA BILLIOT V. JOSEPH A. NAZIO, LAFOURCHE FIRE DISTRICT NO. 3, AND AMERICAN ALTERNATIVE INSURANCE CORPORATION C/W EMILE DAIGLE V. JOSEPH A. NAZIO, LAFOURCHE FIRE PROTECTION DISTRICT NO. 3, A/K/A LAFOURCHE FIRE DISTRICT NO. 3 AND AMERICAN ALTERNATIVE INSURNCE CORPORATION C/W ERIC BRUCE V. JOSEPH A. NAZIO, LAFOURCHE FIRE PROTECTION DISTRICT NO. 3, A/K/A LAFORUCHE FIRE DISTRICT NO. 3 AND AMERICAN ALTERNATIVE INSURANCE CORPORATION
In Re: Emile Daigle, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 126,797 c/w 127,907 c/w 128,717. BEFORE: PETTIGREW, McDONALD, McCLENDON, CRAIN AND CALLOWAY, JJ.
WRIT DENIED.
JTP
PMc
WJC
McDonald, J., dissents in part. As a general rule, attorney fees are not allowed in Louisiana unless they are authorized by statute or provided for by contract. Furthermore, as a general rule, an award of attorney fees is a type of penalty imposed not to make the injured party whole, but rather to discourage a particular activity on the part of the opposing party. Thus, penal statutes are to be strictly construed. Langley v. Petro Star Corp. of La., 2001-0198 (La. 6/29/01), 792 So.2d 721, 723. Here, I believe that La. Code Civ. P. art. 1426 does not provide for an award of attorney fees and costs when a motion for protective order is granted in its entirety.
Accordingly, I would grant the writ in part and reverse the portion of the judgment that awarded attorney fees and court costs to the defendant.
Calloway, J., dissents in part and would grant the writ and reverse the portion of the judgment that awarded the defendant attorney fees and court costs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.