Opinion
2021 CW 1609
02-25-2022
STATE OF LOUISIANA v. DYLAN PIZZOLATO PRISCILLA NOEL LEFEBURE v. DYLAN JACOB PIZZOLATO
Katherine Reznik Benoit, applying for supervisory writs, Family Court in and for the Parish of East Baton Rouge, Nos. 217897, 218072.
BEFORE: WHIPPLE, C.J., PENZATO AND HESTER, JJ.
WRIT GRANTED WITH ORDER. The family court's November 23, 2021 order which denied the motion to proceed in forma pauperis filed by Katherine Benoit is vacated. Where a motion for sanctions is brought against an attorney, he or she is a party in interest. Should the motion be successful, judgment will be rendered against the attorney personally. Any appeal must be taken in the attorney's name. Williams v. Hattan, 594 So.2d 977, 979 (La.App. 3d Cir. 1992), writ denied, 600 So.2d 606 (La. 1992) . See also In re Succession of Horn, 2002-430 (La.App. 5th Cir. 9/30/02), 827 So.2d 1241, 1247, writ denied, 2002-2917 (La. 2/7/03), 836 So.2d 105. Accordingly, for purposes of an appeal of an award of sanctions against Katherine Benoit, she is a party in interest and is entitled to seek pauper status. This matter is remanded to the family court to consider the merits of Katherine Benoit's motion to proceed in forma pauperis.
VGW
AHP
CHH