Opinion
No. 97-C-2559
January 16, 1998
IN RE: Connick, Harry; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, Number 96CA-2537; Parish of Orleans Civil District Court Div. "H" Number 96-19244.
Writ granted. See per curiam.
JPV
PFC
HTL
CDK
CDT
JTK
MARCUS, J. not on panel.
JOHNSON, J. dissents believing the result is correct.
ON APPLICATION FOR WRIT OF CERTIORARI TO THE SUPREME COURT, STATE OF LOUISIANA
Writ granted. Under LSA-R.S. 18:1432 (B) if a trial judge determines that an action contesting an election was filed frivolously, the judge may award all costs of court, a reasonable attorney's fee and damages to the defendant. These costs and damages may be awarded to the defendant in the same proceeding in which the election was contested. Nothing in LSA-R.S. 18:1432 (B) requires the defendant to file a motion or petition in another suit after termination of the suit contesting the election in order to recover costs and damages. Matter of Interdiction of Thompson, 602 So.2d 300 (La.App. 3rd Cir. 1992), and the cases cited therein, are distinguishable since they do not deal with actions in which election results were contested. Therefore, we reverse the decision of the court of appeal and remand this case to the court of appeal to review the trial court's determination that Reed's lawsuit was not frivilous and therefore no damages were owed.