Legal Opinion
Smith v. Smith
Louisiana Court of Appeal
Decided May 4, 1989No. 20955-CWPublishedCited by 3 opinions
1Opinion of the Court
WRIT GRANTED AND MADE PEREMPTORY.
Under the scheme of CCP Arts. 5181-5188, an indigent litigant who is granted the privilege of proceeding in forma pau-peris is relieved of paying court costs in advance or as they accrue or furnishing security therefor. Art. 5181 A; Benjamin v. National Super Markets, Inc., 351 So.2d 138 (La.1977).
A court may subject the indigent litigant to continuous scrutiny to prevent abuse of the privilege. City Stores, Inc. v. Peterson, 263 La. 577, 268 So.2d 662 (1972). An indigent litigant may be held liable for costs if the judgment is rendered and assesses costs…
2Cases cited4 opinions
- Benjamin v. National Super Markets, Inc.Supreme Court of Louisiana · 1977
- City Stores Co. v. PetersenSupreme Court of Louisiana · 1972
- Baudoin v. HebertLouisiana Court of Appeal · 1985
- Spence v. SpenceLouisiana Court of Appeal · 1985
3Cited by3 opinions
- McCoy v. State Ex Rel. JonesLouisiana Court of Appeal · 2005
- Porter v. PorterLouisiana Court of Appeal · 2011
- Sean Herigodt v. The Town of Golden MeadowLouisiana Court of Appeal · 2021