146 So. 3d 748
La. Ct. App.2014Background
- Brown sought records from NOPD under the Louisiana Public Records Act via a mandamus petition.
- The trial court initially reserved judgment and later awarded Brown $500 in attorney’s fees and costs.
- On Brown I, the Fourth Circuit held supplemental reports were public records and remanded for further proceedings.
- After writ denials by the Louisiana Supreme Court, Brown pursued post-remand motions for fees and costs.
- The trial court awarded $1,000 in attorney’s fees and $47 in costs at a post-remand hearing.
- The appellate court ultimately awarded Brown $17,900.50 in attorney’s fees and $2,444.08 in costs, plus $2,500 in appellate fees and $500 in appellate costs, and reversed and rendered in Brown’s favor, denying civil penalties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Law of the case bars further attorney’s fees? | Brown | NOPD | Law of the case inapplicable; additional fees awarded |
| RS 44:35 mandates fee/costs; amount? | Brown | NOPD | Yes; total fees $17,900.50 and costs $2,444.08 (plus appellate fees/costs) |
| Civil penalties for arbitrary withholding justified? | Brown | NOPD | Not awarded; no arbitrary/capricious conduct established |
Key Cases Cited
- Sewerage & Water Bd. of New Orleans v. City of New Orleans, 278 So.2d 81 (La.1973) (law-of-the-case; discretionary remand and fee considerations)
- Avenue Plaza, L.L.C. v. Falgoust, 676 So.2d 1077 (La.1996) (law-of-the-case and appellate rulings on subsequent proceedings)
- Brown v. Serpas, 112 So.3d 385 (La.App. 4 Cir. 2013) (public records Act; supplemental reports public)