Taylor v. Zeno

WARREN E. HOOD, Judge Pro Tern.

Defendant appeals the district judge’s assessment of a portion of the court costs against him in a voluntary dismissal by plaintiff of the suit.

Plaintiff-appellee, the owner of three dogs, filed suit against defendant-appellant, Hebert Zenon, (incorrectly spelled Herbert Zeno in the caption) for mental anguish damages. These damages allegedly resulted from defendant’s complaints to various agencies about a foul odor emanating from plaintiff’s property, which complaints plaintiff says in his petition were unjustified.

Defendant obtained an order permitting him to…