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104 So. 3d 768

104 So.3d 768

12 La.App.3Cir. 752

Thibodeaux v. Thibodeaux

Louisiana Court of Appeal

Decided December 5, 2012

Louisiana Court of Appeal · decided 2012-12-05

Cited by 2 later decisions — most recently November 2015

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2012-12-05

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AMY, J.,

¶1concurring in the result.

¶2hi agree with the majority that a reversal is required in this case. However, I concur in the result as my reasoning differs from that expressed in the majority opinion.

¶3Simply, I find no statutory authority for the trial court to have imposed the sanction of payment of attorney fees for the wrongful issuance of a civil writ under La.R.S. 9:343. I also find it significant that by the time Mr. Thibodeaux filed the motion to quash the civil writ, only one day remained on the effective period of the writ. Further, I note that the writ’s effective period had expired by the time the trial court rescinded the writ, rendering that order moot.

¶4Accordingly, I find that the trial court’s judgment in this regard must be reversed.

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