Erin Jackson Carter v. Louis Carter, III ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ERIN JACKSON CARTER NO. 2023 CW 0161
VERSUS
LOUIS CARTER, III JULY 24, 2023
In Re: Erin Jackson Carter, applying for supervisory writs,
21st Judicial District Court, Parish of Tangipahoa,
No. 20220001699.
BEFORE: MCCLENDON, HOLDRIDGE, AND GREENE, JJ.
REFERRAL TO APPEAL PANEL RECALLED; STAY DENIED; WRIT
GRANTED. A trial court
may order a petitioner who seeks
protection from abuse under the Domestic Abuse Assistance Act to
pay court costs and attorneys' fees if the trial court finds the
petition frivolous. La. R. S. 46: 2136. 1( B). Prior to assessing
the court costs against the petitioner in this case, the trial
court did not make an explicit finding of frivolity and there is
no evidence of record demonstrating the petition was frivolous.
Accordingly, the trial court abused its discretion in ordering
plaintiff to pay the costs of the proceeding. See Lassair on
Behalf of T. P. J. V. Paul, 2022- 0320 ( La. App. 4th Cir.
12/ 14/ 20), 353 So. 3d 1048. We hereby reverse the trial court' s
October 27, 2022 order assessing all costs of this matter to
Erin Jackson Carter.
Me
HG
Holdridge, J., concurs.
COURT OF APPEAL, FIRST CIRCUIT
T& CLERK OF COURT
FOR THE COURT