Bouzon v. Bouzon

KLIEBERT, Judge.

We originally considered this case on the wife-appellant’s appeal from a judgment of divorce. See Bouzon v. Bouzon, 527 So.2d 357 (5th Cir.1988). The husband-appellee neither filed an appeal nor answered the wife’s appeal. Instead, he filed a motion to dismiss the appeal on the grounds it was frivolous and in conjunction therewith and in his brief asked for damages and attorney fees for a frivolous appeal. Although we held the appeal to be frivolous and stated the appellee would be entitled to damages and attorney fees, on the basis of C.C.P. Article 21331 and the…