
    ZACHARY FINANCIAL, INC. v. Pauline B. DARJEAN and John D. Darjean.
    No. 2008-CC-1673.
    Supreme Court of Louisiana.
    Oct. 10, 2008.
   PER CURIAM.

WRIT GRANTED. Although La. C.C.P. art. 2164 authorizes an award of damages for frivolous appeals, it does not authorize damages for a frivolous writ application, even if equitable considerations could warrant the same. Furthermore, this relator’s argument conceivably is not frivolous. Therefore, we grant the writ application and reverse the $1,500.00 sanction imposed by the court of appeal.

TRAYLOR and WEIMER, JJ., dissent.  