PAYNE v. LAWRENCE LLC (2025)

Writ application denied.

I would grant and docket to evaluate an award of additional attorney's fees.

I would grant writ solely to evaluate whether defendants are entitled to additional attorney fees.

I agree with the decision to deny this writ. Though I believe additional fees would be warranted based on the egregious facts set forth herein, respondent only requested fees in his opposition to the writ application. Procedurally, respondent should either have filed his own writ application pursuant to the time extension provided in La. C.C.P. art. 2166(D) or a motion for sanctions requesting such fees pursuant to La. Sup. Ct. R. V. See, e.g., Granger v. Christus Health Cent. Louisiana, 2012-1892 (La. 6/28/13), 144 So. 3d 736, 770 (“[I]t is a general principle that a party may not seek to change the judgment below, or any part thereof, unless he has appealed or petitioned for review. This is true whether a party seeks to revive a separate claim rejected by the court below, increase the amount awarded on the claim that is the subject of the appeal, increase the scope of equitable relief, or seek incidental relief as to interest, attorney's fees, statutory penalties, or costs.”) (emphasis added).

Weimer, C.J., would grant and docket and assigns reasons. Crain, J., would grant for the reasons assigned by McCallum, J. McCallum, J., would grant and assigns reasons. Cole, J., additionally concurs and assigns reasons.