No. 2008-CC-1673.Supreme Court of Louisiana.
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.
PER CURIAM.
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.
West Page 465