Opinion
No. 2008-CC-1673.
October 10, 2008.
In re Darjean, John D.; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. J, Nos. 546,267; to the Court of Appeal, First Circuit, No. 2008 CW 0355.
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, JJ., dissent.