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732 So. 2d 1243

732 So.2d 1243

98 La.App.4Cir. 2899

Williams v. Williams

Louisiana Court of Appeal

Decided April 28, 1999

Louisiana Court of Appeal · decided 1999-04-28

Cited by 3 later decisions — most recently January 2010

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-28

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JjBAGNERIS, Judge.

¶1Shirley J. Williams, appeals a trial court’s ruling in which she was assessed court costs. On appeal she contends that the trial court erred in assessing court cost against her. We agree.

¶2FACTS

¶3Shirley J. Williams filed a petition for divorce in which she included a request for permission to proceed in forma paupers. The requisite in forma pauper’s application was completed with supporting financial documentation. Subsequently, by order of court, she was granted indigent status. On September 4, 1998, the court awarded judgment in favor of Shirley J. Williams granting her a divorce, and assessed court costs against her in the amount of $163.50.

¶4DISCUSSION

LSA-C.C.P. Art. 5186 provides in part: ...If judgment is rendered in favor of the indigent party, the party against whom the judgment is rendered shall be condemned to pay all costs due...

¶5In the instant case, the record is devoid of any evidence that Mrs. Williams’ right to proceed in forma paupers was ever traversed or rescinded. Therefore, we conclude the trial court erred in assessing court costs against Mrs. Williams.

¶6^Accordingly, we reverse that portion of the judgment assessing court costs against Mrs. Williams and render judgment against Therman G. Williams, assessing him of court costs in the amount of $163.50.

¶7REVERSED AND RENDERED.

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