Legal Opinion · Dissent

Butler v. Louisiana Mutual Medical Insurance Co.

Louisiana Court of Appeal

Decided May 25, 2016No. 2015-CA-1191Published

1DissentBonin, J.

hi respectfully dissent. I would vacate the trial court judgment and remand for a full evidentiary hearing during which the parties cast in judgment are permitted to traverse the costs claimed by the prevailing party.

The majority is correct that the trial court record is so deficient that we are unable to properly review the judgment awarding more than $154,000 in court costs to the prevailing party. I, however, part company with the majority because it fails to point out that the deficient record resulted from the trial judge’s stated refusal to engage in “trench warfare,” stating that he is…

2Cases cited4 opinions

  1. Allen v. Roadway Exp., Inc.Louisiana Court of Appeal · 1999
  2. Buffman Inc. v. Lafayette Insurance Co.Louisiana Court of Appeal · 2010
  3. Saden v. KirbyLouisiana Court of Appeal · 2002
  4. Safeguard Storage Properties, LLC v. Donahue Favret Contractors, Inc.Louisiana Court of Appeal · 2009

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API