166 So. 3d 262
La. Ct. App.2014Background
- Voitier and Guidry divorced after long cohabitation in the Guidry family home (the "Midway home"); Voitier remained in the home post-separation with permission from Guidry's mother, Susan Guidry.
- After commissioner rulings granted Guidry exceptions re: community-property claims, Cynthia Samuel (Voitier's counsel) filed a supplemental/amended petition adding a possessory action against Susan Guidry and seeking use of the Midway home.
- Guidry and Susan Guidry moved to strike and for sanctions, arguing the amended petition was untimely, procedurally defective, and asserted a meritless possessory claim; counsel alerted Samuel that public records showed the mother/trustee held title.
- Samuel fax-filed the amendment late (Dec 28) and did not review public conveyance records before filing; she later withdrew as counsel and filed an individual motion for sanctions against opposing parties.
- The district court found Samuel violated La. C.C.P. art. 863 by filing pleadings that needlessly increased delay and cost (notably the possessory claim), imposed sanctions and attorney fees against Samuel, and denied Samuel's individual sanctions motion; Samuel appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions under La. C.C.P. art. 863 were properly imposed on Samuel for filing the supplemental/amended petition | Samuel: pleading need only have the "slightest justification"; sanctions require complete lack of merit | Guidry/Guidry: Samuel failed to conduct reasonable inquiry, filed a meritless possessory claim and caused delay and fees | Court: Affirmed — trial court not manifestly erroneous; objective reasonable inquiry lacking; sanctions appropriate |
| Whether the possessory action against Susan Guidry was legally supportable | Samuel/Voitier: Voitier possessed the home and disturbance (eviction notice) supported possessory action | Guidry/Guidry: Voitier was a precarious possessor (permission), public records show Guidry family/trustee title, eviction notice insufficient to support possessory action | Court: Possessory action lacked merit — Voitier was precarious possessor; Samuel should have known claim was improper |
| Proper measure and reasonableness of attorney-fee sanctions awarded | Samuel: sanctions/fees excessive or unwarranted | Guidry/Guidry: fees appropriate to deter abusive filings and compensate defense counsel | Court: Fee awards ($3,000 to Guidry; $1,500 to Mrs. Guidry plus costs) were within trial court's discretion and affirmed |
| Whether a nonparty attorney (Samuel) may pursue an individual sanctions motion under La. C.C.P. art. 863 | Samuel: she filed for sanctions on her own behalf after withdrawing | Guidry/Guidry: only parties (or the court) may move for sanctions under the statute | Court: Vacated denial re: Samuel's motion and dismissed her individual sanctions motion — nonparty attorneys lack standing to seek sanctions under art. 863 |
Key Cases Cited
- Alombro v. Alfortish, 845 So.2d 1162 (La. App. 5 Cir.) (reasonable inquiry requirement for pleadings under art. 863)
- Richardson v. Whitney Nat’l Bank, 953 So.2d 836 (La. App. 5 Cir.) (standard of review for sanctions rulings)
- Langley v. Petro Star Corp. of La., 792 So.2d 721 (La.) (attorney-fee sanctions as deterrent, not full fee-shifting)
- SWC Servs. v. Echelon Constr. Servs., 56 So.3d 1254 (La. App. 1 Cir.) (penal nature of sanctions statute; strict construction)
- Dufrene v. Ins. Co. of the State of Pa., 790 So.2d 660 (La. App. 5 Cir.) (appellate power to recognize peremptory exceptions like no right of action)
- Jackson v. Campco of Monroe, Inc., 623 So.2d 1380 (La. App. 2 Cir.) (eviction proceedings may not constitute a "disturbance" supporting a possessory action)
- Bridges v. Autozone Properties, Inc., 900 So.2d 784 (La.) (trustee holds legal title; beneficiaries lack title to trust property)
- Ormond Country Club v. Dorvin Dev., Inc., 498 So.2d 144 (La. App. 5 Cir.) (precarious possession doctrine)
- Karst v. Ward-Steinman, 469 So.2d 440 (La. App. 3 Cir.) (limitations on possessory actions and disturbances)
- Treme v. Adams, 59 So.3d 1278 (La. App. 5 Cir.) (penal nature and strict construction of appellate frivolous-appeal sanctions)