106 So. 3d 1124
La. Ct. App.2012Background
- DOTD sued Lauricella Land and Pep Boys to expropriate land for Huey P. Long Bridge approach; order of expropriation signed March 10, 2008.
- Lauricella and Pep Boys withdrew funds from the court registry under the expropriation order; Lauricella later prevailed at trial and on appeal.
- After Lauricella's verdict, Clerk Gegenheimer refused to let Lauricella withdraw full amount of funds held in registry, seeking to retain DOTD's court-cost deposits.
- By agreement, DOTD deposited an additional $4,559.94 with the Clerk to cover its incurred court costs, enabling Lauricella to receive the full judgment.
- DOTD moved for a rule nisi to compel refund of the $4,559.94 plus an initial $421.65 filing fee, arguing DOTD is exempt from paying its own costs.
- Trial court ruled in DOTD's favor; the Clerk appealed, arguing state costs cannot be taxed or refunded under RS 13:4521.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state can be compelled to pay its own costs | Gegenheimer: state costs are exempt pending deferment; may not be shifted. | DOTD: 13:4521 deferral cannot be shifted and costs are payable; LIGA/LLHIGA not controlling. | Yes; state costs can be required to be paid despite deferment framework. |
| Whether 13:4521(A)(1) deferral applies to the state’s own costs after judgment | Gegenheimer: deferment covers all state costs, including own costs. | DOTD: constitutional amendments and 1995 reenactment intended deferment; LIGA extension limited. | Deferral does not exempt the state from paying its own costs; reversed. |
Key Cases Cited
- Segura v. Louisiana Architects Selection Board, 362 So.2d 498 (La. 1978) (court costs are part of liability in litigation; immunity evolves with Segura)
- LIGA v. Gegenheimer, 636 So.2d 209 (La. 1994) (state costs not immune; temporary deferment extended to LIGA)
- Prejean v. Dixie Lloyds Ins. Co., 655 So.2d 303 (La. 1995) (state exempt from prepayment of court costs; temporary deferment recognized)
- Jefferson Parish Hosp. Serv. Dist. No 2. v. Gegenheimer, 947 So.2d 59 (La.App. 5 Cir. 2006) (interpretation of 13:4521(A); exemption from prepayment applies to state and subdivisions)