Opinion

Dwayne Alexander v. Louisiana State Board of Private Investigator Examiners, Phyllis Glazer, James P. Englade, Lance Wallace, Annette Kovac, and Meeks and Associates

Court
Louisiana Court of Appeal
Filed
Apr 1, 2020
Status
Published
Author
Judge Terri F. Love
On the bench
Judge Terri F. Love; Judge Daniel L. Dysart; Judge Paula A. Brown
Cited by
0 cases
Authority
More cited than 36.7%

The opinion

DWAYNE ALEXANDER * NO. 2019-CA-0778

VERSUS *

COURT OF APPEAL

LOUISIANA STATE BOARD *

OF PRIVATE INVESTIGATOR FOURTH CIRCUIT

EXAMINERS, PHYLLIS *

GLAZER, JAMES P. STATE OF LOUISIANA

ENGLADE, LANCE *******

WALLACE, ANNETTE

KOVAC, AND MEEKS AND

ASSOCIATES

APPEAL FROM

CIVIL DISTRICT COURT, ORLEANS PARISH

NO. 2019-00711, DIVISION “D”

Honorable Nakisha Ervin-Knott, Judge

******

Judge Terri F. Love

******

(Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Paula A.

Brown)

BROWN, J., CONCURS IN THE RESULT

Dwayne Alexander

1515 South Salcedo Street

P.O. BOX 791407

New Orleans, LA 70179

PLAINTIFF/APPELLANT, PRO SE

Donald C. Douglas, Jr.

THE DOUGLAS LAW FIRM, LLC

1070 West Causeway Approach, Suite B

Mandeville, LA 70471

COUNSEL FOR PLAINTIFF/APPELLANT, DWAYNE ALEXANDER

Jeff Landry, Attorney General

LOUISIANA DEPARTMENT OF JUSTICE

P. O. Box 94005

Baton Rouge, LA 70804—9005

AND

Davis B. Allgood

DAVIS B. ALLGOOD, ATTORNEY AT LAW

Special Assistant Attorney General

21950 Hoo Shoo Too Rd

Baton Rouge, LA 70817

COUNSEL FOR DEFENDANT/APPELLEE, LOUISIANA STATE

BOARD OF PRIVATE INVESTIGATOR EXAMINERS

Dennis J. Phayer

BURGLASS & TANKERSLEY, L.L.C.

5213 Airline Drive

Metairie, LA 70001-5602

COUNSEL FOR DEFENDANTS/APPELLEES, JAMES ENGLADE AND

LANCE WALLACE

S. Daniel Meeks

Phyllis E. Glazer

MEEKS & ASSOCIATES, LLC

3401 West Esplanade Avenue South, Suite 3

Metairie, LA 70002

COUNSEL FOR DEFENDANTS/APPELLEES, PHYLLIS E. GLAZER

AND MEEKS AND ASSOCIATES, L.L.C.

Jeff Landry, Attorney General

LOUISIANA DEPARTMENT OF JUSTICE

P. O. Box 94005

Baton Rouge, LA 70804—9005

AND

Deborah A. Villio

Special Assistant Attorney General

Michael L. Fantaci

James C. Raff

LEBLANC FANTACI VILLIO, LLC

3421 N. Causeway Blvd., Suite 201

Metairie, LA 70002

COUNSEL FOR DEFENDANT/APPELLEE, ANNETTE KOVAC

AFFIRMED IN PART; REVERSED IN PART; REMANDED

April 1, 2020

TFL

DLD

This appeal arises from a suit for fraud and defamation. The plaintiff has a

lengthy history of filing numerous lawsuits alleging defamation based on the use of

a document as evidence in other pending legal actions. In the present matter, the

plaintiff contends the defendants defamed him while in the course and scope of

working on another, separate lawsuit. The defendants filed numerous exceptions

and a special motion to strike. Because the parallel suit in which the alleged fraud

and defamation took place remains pending, the trial court found the suit

premature. The trial court also granted a special motion to strike. Plaintiff’s

claims were dismissed without prejudice and he was ordered to pay attorney’s fees.

We find the trial court correctly dismissed the plaintiff’s claims as premature

because the underlying matter remains pending. We find that the trial court erred

by dismissing the motion for sanctions pursuant to La. C.C.P. art. 863. As such,

we remand the matter to the trial court for a determination on those sanctions, as

well as for an increase in sanctions based on the special motion to strike. Upon

review, we deem the plaintiff’s appeal frivolous, such that the award of damages,

1

attorney’s fees, and costs is warranted. The trial court’s judgment is affirmed in

part, reversed in part, and remanded for further proceedings consistent with this

opinion.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Dwayne Alexander filed suit against a group of defendants contending that

they conspired to commit fraud and defamation. The facts leading up to this suit

were summarized in a previous appeal to this Court as follows:

In November, 1997, Mr. Alexander obtained a

license to practice as a private investigator from the

Board. Until November 2006, he held a valid private

investigator license. When he was licensed, Mr.

Alexander was subject to the rules and regulations

governing the practice of private investigators, as

promulgated and enforced by the Board and set forth in

La. R.S. 37:3501 et seq. (“the P.I. Statutes”).

Soon after obtaining his license, Mr. Alexander

formed his own private investigator company, World

Wide Detective Agency, Inc. (“World Wide”); and he

employed other investigators to work for him. In 2000,

Mr. Alexander began performing contract work for the

City of New Orleans (the “City”), investigating worker’s

compensation claims. In 2006, Mr. Alexander entered

into a contract with the City’s third party claims

administrator, Cannon Cochran Management Services,

Inc. (“CCMSI”), to become their Disadvantage Business

Enterprise (“DBE”) partner. From 2006 to February

2009, Mr. Alexander continued to investigate worker’s

compensation claims for the City under his DBE contract

with CCMSI. In November 2006, Mr. Alexander decided

not to renew his private investigator license and allowed

his license to expire. See La. R.S. 37:3517. According to

Mr. Alexander, his work for the City under the DBE

contract with CCMSI did not require him to be licensed

as a private investigator given the exemptions

enumerated in La. R.S. 37:3503(8)(b)(i), (iv), and (viii).

Before his license expired in 2006, Mr. Alexander

received two notices from the Board that complaints had

been filed against him. Both complaints—the Phenix and

Caesar complaints—involved allegations of professional

2

misconduct against Mr. Alexander. The Board opened

investigations into the two complaints, and Mr.

Alexander was provided the opportunity to respond to the

complaints. As of November 14, 2006, the date Mr.

Alexander’s license expired, the Board’s investigation of

the complaints was not completed. On December 6,

2006, the Board sent a letter to Mr. Alexander informing

him that the two complaints filed against him had not

been resolved as of the date that his license expired and

that his license would not be renewed until a hearing was

held with the Board’s investigatory officer. The letter

further informed Mr. Alexander of the possibility that he

“may have violated state criminal law during one of those

investigations” and that the matter would be turned over

to the State Police for investigation.

On February 16, 2009, the Board received a

complaint letter and a large binder (“the Centanni

Binder”) from a private investigator, Wayne Centanni. In

the letter, Mr. Centanni complained that Mr. Alexander

had been conducting private investigation work with

CCMSI for the City without holding a valid license; and

Mr. Centanni requested that the Board conduct a full

investigation into Mr. Alexander and his business

dealings. The Centanni Binder contained a background

investigation of Mr. Alexander and his private

investigator company, which consisted of a large volume

of personal and professional information that Mr.

Centanni had compiled from various sources. The

Centanni Binder also included records obtained from the

Board through a public records request filed by Mr.

Centanni on February 12, 2009. The Board’s records

disclosed information about Mr. Alexander’s license and

his expunged criminal convictions, all of which Mr.

Centanni included in the Centanni Binder.

Mr. Centanni sent copies of the letter and the

Centanni Binder to CCMSI, the City Attorney’s Office,

the Metropolitan Crime Commission (“MCC”), Lee Zurik

at WWL–TV, and several others. Upon receiving the

Centanni Binder, CCMSI contacted Mr. Alexander and

held a meeting with him. At the meeting, Mr. Alexander

informed of the Centanni Binder and its contents.

Subsequently, in February 2009, Mr. Alexander’s DBE

contract with CCMSI and the City was terminated.

3

On February 27, 2009, the Board issued a cease

and desist order directed to Mr. Alexander, which stated

as follows:

Pursuant to the authority of La. R.S. 37:3522, the

Louisiana State Board of Private Investigator

Examiners orders that Dwayne Alexander, who the

Board finds to be engaged in the practice of private

investigation in the State of Louisiana in violation

of La. R.S. 37:3500 et seq., be and is hereby

ordered to cease and desist from such activity.

Annette Kovac, the Board’s Chairman, signed the

cease and desist order. On March 4, 2009, the Board’s

Executive Director, Mr. Englade, hand-delivered the

cease and desist order to Mr. Alexander.

On May 12, 2009, Mr. Alexander sent two letters to

the Board complaining that its actions—disclosing

personal, confidential records to Mr. Centanni and

issuing the cease and desist order without a hearing—

resulted in the loss of his contract with CCMSI and the

City. Mr. Alexander also filed a formal complaint with

the Board against Mr. Centanni and submitted a public

records request for the documents the Board furnished to

Mr. Centanni.

In July 2009, Mr. Alexander filed suit against Mr.

Centanni in Orleans Parish Civil District Court (“CDC”)

alleging unfair trade practices. Mr. Alexander also filed

suit against CCMSI in United States District Court for

the Eastern District of Louisiana alleging wrongful

termination. Within a year of the lawsuits being filed,

both were dismissed.

In January 2011, Mr. Alexander worked a contract job

investigating a worker’s compensation claim for the St.

Charles Parish School Board (the “School Board”). In

May 2011, the MCC contacted the St. Charles Parish

School Board Superintendent (the “Superintendent”) after

receiving an anonymous tip that Mr. Alexander was

conducting private investigations in St. Charles Parish

without a valid license. The MCC informed the

Superintendent that Mr. Alexander lacked a valid license

to perform private investigator work and that, on

February 27, 2009, he was issued a cease and desist

order. The MCC also provided information about Mr.

Alexander’s criminal background. Based on the

information provided by the MCC, the Superintendent

4

contacted the St. Charles Parish Sheriff’s Office and

requested that an investigation be conducted into whether

Mr. Alexander had a valid private investigator license at

the time he performed work for the School Board.

In the course of his investigation, Captain Donald

Smith of the St. Charles Parish Sheriff’s Office contacted

the Board by email and explained the nature of his

investigation. Captain Smith requested that the Board

provide documentation as to whether Mr. Alexander held

a valid private investigator license in January 2011. He

also requested that the Board provide the relevant state

statutes setting forth the penalty for conducting private

investigations without a valid private investigator license.

In response to his inquiry, Captain Smith received a

phone call from Mr. Englade. Mr. Englade informed

Captain Smith that the Board had served Mr. Alexander

with the cease and desist order in March 2009 and that

order was still in effect. Mr. Englade further informed

Captain Smith that if, in fact, Mr. Alexander had

conducted private investigations in St. Charles Parish in

2011, he would be in violation of the P.I. Statutes. After

that discussion, the Board faxed to Captain Smith a copy

of the cease and desist order, the table of contents for the

P.I. Statutes (La. R.S. 37:3500–25), and the statute

providing the penalties for violating the P.I. Statutes (La.

R.S. 37:3521). Based on his investigation, Captain Smith

completed an arrest warrant affidavit, charging Mr.

Alexander with a violation of La. R.S. 37:35206 by

providing contract or private investigator services to the

Board without possessing a valid license. On June 23,

2011, an arrest warrant for Mr. Alexander was signed and

issued by the Twenty–Ninth Judicial District Court in St.

Charles Parish (“29th JDC”).

In October 2011, Mr. Alexander discovered the

outstanding arrest warrant for him in St. Charles Parish.

Upon discovering the arrest warrant, he turned himself in

to the police. At the time of his arrest (on October 24,

2011), Mr. Alexander learned that he was being charged

with conducting private investigation without a valid

private investigator license. On the next day, October 25,

2011, the Times–Picayune newspaper reported on Mr.

Alexander’s arrest as a result of the investigation by the

St. Charles Parish Sheriff’s Office into his work for the

School Board in January 2011.

5

On December 19, 2012, the 29th JDC judge ordered

the State to produce to Mr. Alexander the State’s

evidence file in the criminal case against him on the

charge of violating La. R.S. 37:3520.

On January 14, 2013, Mr. Alexander filed the instant

suit against the Defendants. Mr. Alexander averred in his

petition that the Board and Mr. Englade, individually and

in his official capacity, violated his constitutional rights

and defamed him by issuing the cease and desist order in

2009. He also averred that the Defendants violated state

public records laws and Board’s regulations by disclosing

his expunged criminal records. Finally, he averred that

the Defendants ’defamatory and tortious conduct against

him was continuing and undiscoverable from 2009 until

December 19, 2012, when he received the State’s

evidence in the criminal case against him in the 29th

JDC.

On March 5, 2013, the Defendants filed multiple

exceptions, including no cause of action, prescription,

and improper venue. Following a hearing on the

exceptions, the trial court granted the Defendants ’

exception of no cause of action and allowed Mr.

Alexander twenty days to amend his petition to state a

cause of action. The trial court also granted the

Defendants ’exception of improper venue as to Mr.

Alexander’s claims under the Public Records Act. The

trial court denied the Defendants ’exception of

prescription.

On May 31, 2013, Mr. Alexander filed a first

supplemental and amended petition. In his amended

petition, Mr. Alexander enumerated the following five

causes of action: (1) slander and defamation (2006–

2013); (2) defamation and slander (2011–2013); (3)

continuing defamation and slander per se; (4) damages

for violation of state law affecting petitioner; and (5)

breach of duty to investigate and disseminate truthful

information.

On July 29, 2013, the Defendants filed a second set of

exceptions, a motion for sanctions and attorney’s fees,

and a motion to strike pursuant to La. C.C.P. art. 971. On

September 20, 2013, these matters were heard by the trial

court. In its October 16, 2013 judgment, the trial court

overruled the Defendants ’exceptions of no cause of

6

action and prescription and denied their motion to strike

and motion for sanctions.

On December 10, 2013, the Defendants filed an

answer and a reconventional demand. In their answer, the

Defendants asserted multiple affirmative defenses,

including discretionary immunity and quasi-judicial

immunity. In their reconventional demand, the

Defendants asserted a claim of abuse of process against

Mr. Alexander.

On September 18, 2014, Mr. Alexander filed a motion

for partial summary judgment on the issue of whether he

was exempt from the P.I. Statutes, pursuant to La. R.S.

37:3503, while working under his DBE contract with the

City from 2006 to 2009 and while working for the St.

Charles Parish School Board in 2011. On October 8, 201

[sic], the trial court denied Mr. Alexander’s motion for

partial summary judgment.

On November 3, 2014, the Defendants filed a motion

for summary judgment seeking dismissal of Mr.

Alexander’s claims and a judgment against Mr.

Alexander on their reconventional claim of abuse of

process. In their summary judgment motion, the

Defendants also re-urged their exception of prescription

and asserted quasi-judicial immunity and conditional

privilege as a bar to Mr. Alexander’s claims against them.

At the November 14, 2014 hearing, the trial court

overruled the exception of prescription, finding no reason

to revisit the issue, and denied the motion for summary

judgment, finding there were issues of material fact

appropriate for a jury to resolve.

In December 2014, a jury trial was held in this matter.

At the close of Mr. Alexander’s evidence and before the

submission of the case to the jury, the Defendants moved

for a directed verdict and dismissal of Mr. Alexander’s

claims based on prescription. After brief argument, the

trial court found “sufficient evidence of an interruption of

prescription” and denied the Defendants ’motion for

directed verdict. On the following day, the trial court

instructed the jury on the applicable law and submitted a

general verdict form with multiple jury interrogatories to

the jury. The jury instructions and interrogatories set

forth the following four causes of action against the

Defendants for the jury to decide: (1) defamation; (2)

abuse of process; (3) intentional infliction of emotional

7

distress; (4) violation of a constitutional right under color

of law. Neither Mr. Alexander nor the Defendants raised

any objection to the jury instructions or jury

interrogatories presented to the jury.

On December 18, 2014, the jury returned its verdict.

The jury found the Defendants not liable on two of the

four claims—intentional infliction of emotional distress

and violation of Mr. Alexander’s constitutionally

protected rights. The jury found the Defendants liable to

Mr. Alexander for the other two claims—defamation and

abuse of process—and awarded a total of $300,000 in

damages. On January 5, 2015, the trial court entered

judgment in accord with the jury’s verdict. Both the

Defendants and Mr. Alexander filed motions for new

trial. On March 10, 2015, the trial court denied both

motions.

On January 30, 2015, Mr. Alexander filed a petition to

annul the jury verdict based on fraud and ill practice

under La. C.C.P. art. 2004. In his petition to annul, Mr.

Alexander alleged that the jury verdict resulted from

perjured testimony and fabricated evidence presented by

the Defendants at trial. In response, the Defendants filed

a motion for summary judgment, arguing that Mr.

Alexander’s allegations of misconduct should have been

raised in a motion for mistrial. On May 8, 2015, the trial

court granted the Defendants ’motion for summary

judgment and dismissed with prejudice Mr. Alexander’s

petition to annul the jury verdict.

Alexander v. La. State Bd. of Private Investigator Exam’rs, 15-0537, pp. 2-12 (La.

App. 4 Cir. 2/17/17), 211 So. 3d 544, 549–54, writ denied, 17-0571 (La. 5/26/17),

221 So. 3d 855, and writ denied, 17-0607 (La. 5/26/17), 221 So. 3d 857. On

review, this Court determined that Mr. Alexander’s claims based on pre-2011

actions and his abuse of process claims were prescribed. Id., 15-0537, p. 48, 211

So. 3d at 573. The remaining judgment was affirmed. Id.

Mr. Alexander then filed a Petition for Fraud and Defamation against the

Louisiana State Board of Private Investigator Examiners (“LSBPIE”), Phyllis

8

Glazer (individually and as the attorney for LSBPIE), James Englade (individually

and as the Executive Director for LSBPIE), Annette Kovac (individually and as a

board member of LSBPIE), Lance Wallace (individually and as a board member of

LSBPIE), and Meeks & Associates, LLC (“Meeks”) (Ms. Glazer’s employer)

(collectively “Defendants”) alleging that the Defendants conspired to defame him

by “circulating a false Cease and Desist Order”1 and fraudulently inducing him to

settle claims in a pending lawsuit tangentially related to the factual scenario

summarized above.

Ms. Kovac filed an exception of No Cause of Action. Attorney Glazer and

Meeks filed a Motion for Sanctions and Injunctive Relief as well as Exceptions of

Prematurity, Lis Pendens, and Improper Venue. Mr. Englade and Mr. Wallace

filed Exceptions of No Cause of Action, Prematurity, and Vagueness. Likewise,

LSBPIE filed Exceptions of No Cause of Action, Prematurity, and Vagueness.

LSBPIE also filed a Special Motion to Strike pursuant to La. C.C.P. art. 971.

Mr. Alexander then filed a First Supplemental and Amending Petition

adding Davis Allgood, as attorney for LSBPIE, as a defendant. Mr. Alexander

attempted to file the First Supplemental and Amending Petition ex parte. Most of

the defendants objected.2 Contending a conflict of interest prevented Attorney

Glazer and Meeks from serving as counsel, Mr. Alexander filed a Motion to

Disqualify them. Mr. Alexander filed a Motion for Insufficiency of Service of

Process of the Defendants’ Exceptions and Motion to Strike.

1

The cease and desist order was mentioned and attached to filings in the underlying litigation.

Essentially, Mr. Alexander files a lawsuit when an attorney mentions the cease and desist order

or attaches a copy to a filing as evidence.

2

It is unclear from the record whether the trial court allowed the filing of First Supplemental and

Amending Petition.

9

Following these numerous filings, the trial court conducted a thorough

hearing and issued a judgment containing the following rulings:

1) The peremptory exceptions filed by LSBPIE and Ms.

Kovac, as well as the dilatory exceptions filed by Mr.

Englade, Mr. Wallace, Attorney Glazer, and Meeks

are sustained due to the pendency of case 2018-2072

in the trial court;

2) All remaining exceptions are overruled as moot;

3) Motion for Sanctions filed by Attorney Glazer and

Meeks is denied without prejudice;

4) Motion to Transfer is denied;

5) Motion to Disqualify Attorney Glazer and Meeks is

denied;

6) Mr. Alexander’s Exception of Insufficiency of Service

of Process is denied;

7) LSBPIE’s Special 971 Motion to Strike is granted;

8) Mr. Alexander is ordered to pay LSBPIE $1,500 for

attorney’s fees; and

9) Mr. Alexander’s claims are dismissed without

prejudice.

Mr. Alexander’s notice of appeal followed.

Attorney Glazer and Meeks filed an Answer to Mr. Alexander’s appeal

seeking reversal of the trial court’s denial of sanctions pursuant to La. C.C.P. art.

863, an injunction preventing Mr. Alexander from filing further suits, attorney’s

fees and costs, and damages for a frivolous appeal. Mr. Englade and Mr. Wallace

also filed an Answer requesting damages and costs for defending a frivolous

appeal. LSBPIE filed an Answer seeking an increase in the attorney’s fees award

by the trial court pursuant to La. C.C.P. art. 971 based on defending the appeal, as

well as attorney’s fees and costs for the frivolous appeal.

PREMATURITY3

3

Though the trial court’s judgment specifically states:

10

Mr. Alexander frames the central issue in his self-authored appellant brief as

follows: “The trial court committed legal error when it failed to consider that the

under lying case . . . had decided the issue of the cease and desist order’s falsity,

permitting the instant defamation action.” However, Mr. Alexander is essentially

questioning the legality of the trial court’s granting the exception of prematurity.

“An exception is a means of defense, other than a denial or avoidance of the

demand, used by the defendant, whether in the principal or an incidental action, to

retard, dismiss, or defeat the demand brought against him.” La. C.C.P. art. 921.

Prematurity is a dilatory exception. La. C.C.P. art. 926. “If the dilatory exception

pleading prematurity is sustained, the premature action, claim, demand, issue or

theory shall be dismissed.” La. C.C.P. art. 933(A).

This Court previously summarized the law on prematurity as follows:

A suit is premature if it is brought before the right

to enforce it accrues. La.Code Civ. Proc. Art. 423; see

also Moreno v. Entergy Corp., 10–2268, p. 3

(La.2/18/11), 64 So.3d 761, 763, citing La.Code Civ.

Proc. Art. 926 (The dilatory exception of prematurity

questions whether the cause of action has matured to the

point where it is ripe for judicial determination.)

“Prematurity is determined by the facts existing at the

time the suit is filed.” Sevier v. U.S. Fidelity & Guar.

The peremptory exceptions filed by the defendant Louisiana State

Board of Private Examiners ( Board ) and Annette Kovac, and the

dilatory exceptions filed by the defendants James P. Englade,

Lance Wallace, Phyllis Glazer, and Meeks and Associates, L.L.C.,

are sustained because of the pendency of Suit No, 2018-2072;

we pretermit a discussion of the exceptions other than prematurity, as resolution of the exception

concludes the matter. However, out of an abundance of caution, this Court notes that “[i]t is

well-established that a cause of action for defamation based on allegations or statements made in

a judicial proceeding does not arise until those judicial proceedings have reached a final and

definitive disposition.” Hillman v. U.S. Aviation Underwriters, 509 So. 2d 125, 127 (La. App.

1st Cir. 1987). See also Smith v. Barial, 18-0573, p. 7 (La. App. 4 Cir. 12/19/18), ___ So. 3d

___, ___, 2018 WL 6683311, *4 (“well-settled jurisprudence establishes that an action against a

party arising out of pending judicial proceedings cannot be brought until the pending

proceedings have been terminated”).

11

Co., 497 So.2d 1380, 1382 (La.1986). Evidence may be

introduced to support or controvert the exception, when

the grounds do not appear from the petition. La.Code

Civ. Proc. Art. 930. We review a judgment sustaining a

dilatory exception of prematurity for manifest error. See

Pinegar v. Harris, 08–1112, p. 10 (La.App. 1 Cir.

6/12/09), 20 So.3d 1081, 1088.

Jefferson Door Co., Inc. v. Cragmar Const., L.L.C., 11-1122, p. 3 (La. App. 4 Cir.

1/25/12), 81 So. 3d 1001, 1004. “However, when resolution of an exception of

prematurity involves a question of law, the appellate court undertakes a de novo

review.” Landis Const. Co., LLC v. Reg’l Transit Auth., 15-0854, p. 6 (La. App. 4

Cir. 5/25/16), 195 So. 3d 598, 602.

“It is well-established that a cause of action for defamation based on

allegations or statements made in a judicial proceeding does not arise until those

judicial proceedings have reached a final and definitive disposition.” Hillman, 509

So. 2d at 127. See also Ortiz v. Barriffe, 523 So. 2d 896, 898 (La. App. 4th Cir.

1988); Marionneaux v. King, 331 So. 2d 180, 182 (La. App. 1st Cir. 1976).

Mr. Alexander’s claims of alleged defamation arose within the context of

suit 2018-2072 currently pending before the trial court. This fact is undisputed

save for Mr. Alexander’s assertion that the matter is not premature because the

cease and desist order was previously labeled as defamatory. Alexander, 15-0537,

211 So. 3d 544. Accordingly, as the judicial proceeding giving rise to Mr.

Alexander’s allegations of defamation has not yet concluded, the trial court did not

err by granting the Exception of Prematurity and dismissing Mr. Alexander’s suit.

SPECIAL MOTION TO STRIKE

12

Mr. Alexander contends that the trial court erred by granting LSBPIE’s

Special Motion to Strike pursuant to La. C.C.P. art. 971 because there was no

service of the motion and the statute does not apply. Specifically, in regards to

service of the motion, Mr. Alexander states that while there is a signed return on

the motion in the record, the signature does not match his own. He contends that

“a person identified as ‘A Dwuane’” signed the return.

La. C.C.P. art. 1313 provides, in pertinent part, that

A. Except as otherwise provided by law, every pleading

subsequent to the original petition, and every pleading

which under an express provision of law may be

served as provided in this Article, may be served

either by the sheriff or by:

(1) Mailing a copy thereof to the counsel of record, or

if there is no counsel of record, to the adverse

party at his last known address, this service being

complete upon mailing.

* * *

C. Notwithstanding Paragraph A of this Article, if a

pleading or order sets a court date, then service shall

be made either by registered or certified mail or as

provided in Article 1314, or by actual delivery by a

commercial courier.

The record contains a signed return on service of LSBPIE’s Special Motion

to Strike. We find the record dispositive on the issue of service. Therefore, the

trial court did not err by denying Mr. Alexander’s Motion for Insufficiency of

Service of Process as it relates to the Special Motion to Strike.4

Merits

4

Mr. Alexander has a history of contesting service. See Alexander v. Blue Williams, L.L.P., 18-

0776, p. 11 (La. App. 4 Cir. 1/23/19), ___ So. 3d ___, ___, 2019 WL 302078, *7, writ denied,

19-00432 (La. 9/6/19), 278 So. 3d 370, and writ denied, 19-00435 (La. 9/6/19), 278 So. 3d 372,

and writ denied, 19-00431 (La. 9/6/19), 278 So. 3d 968.

13

Notwithstanding service of the Special Motion to Strike, Mr. Alexander

avers that LSBPIE failed to demonstrate that La. C.C.P. art. 971 substantively

applies to the instant matter.

“La. C.C.P. art. 971 was enacted ‘to screen out meritless claims pursued to

chill one’s constitutional rights under the First Amendment of the United States

Constitution to freedom of speech and press.’” Shelton v. Pavon, 16-0758, p. 3

(La. App. 4 Cir. 2/15/17), 212 So. 3d 603, 606 (quoting Lee v. Pennington, 02-

0381, p. 4 (La. App. 4 Cir. 10/16/02), 830 So. 2d 1037, 1041; Melius v. Keiffer, 07-

0189, p. 2 (La. App. 4 Cir. 3/12/08), 980 So. 2d 167, 170. La. C.C.P. art. 971(A)

provides:

A. (1) A cause of action against a person arising from

any act of that person in furtherance of the person’s

right of petition or free speech under the United States

or Louisiana Constitution in connection with a public

issue shall be subject to a special motion to strike,

unless the court determines that the plaintiff has

established a probability of success on the claim.

“The party filing the special motion to strike has the initial burden of proving that

‘the cause of action arises from an act in the exercise of his right of free speech

regarding a public issue.’” Shelton, 16-0758, p. 3, 212 So. 3d at 607 (quoting

Melius, 07-0189, p. 3, 980 So. 2d at 171). Then, “[i]f the mover meets this

threshold requirement, the burden shifts to the party opposing the motion and must

demonstrate a probability of success on the claim.” Id., 16-0758, pp. 3-4, 212 So.

3d at 607.

Mr. Alexander contends that La. C.C.P. art. 971 does not apply to the

present matter. However, the statute provides, in pertinent part:

14

(1) “Act in furtherance of a person’s right of petition or

free speech under the United States or Louisiana

Constitution in connection with a public issue” includes

but is not limited to:

(a) Any written or oral statement or writing made before

a legislative, executive, or judicial proceeding, or any

other official proceeding authorized by law.

(b) Any written or oral statement or writing made in

connection with an issue under consideration or review

by a legislative, executive, or judicial body, or any other

official body authorized by law.

La. C.C.P. 971(F)(1).

Mr. Alexander’s defamation claims arise from the context of written

statements and representations during the 2018-2072, the still pending litigation.

Additionally, as LSBPIE is a public state board, the communications at issue in the

suit wherein Mr. Alexander alleges improper activities, are a matter of public

concern. Thus, LSBPIE met the initial burden of proof. The burden then shifted to

Mr. Alexander to demonstrate a probability of success on his claim. The trial court

dismissed Mr. Alexander’s claims based on prematurity, thereby negating his

probability of success. Accordingly, we do not find that the trial court erred by

granting LSBPIE’s Special Motion to Strike.

Increase in Sanctions for La. C.C.P. art. 971

In its Answer to the appeal, LSBPIE contends that we should increase the

amount of attorney’s fees awarded regarding the Special Motion to Strike based on

defending this appeal. We agree. La. C.C.P. art. 971(B) states that “a prevailing

party on a special motion to strike shall be awarded reasonable attorney fees and

costs.” As the prevailing party on appeal, LSBPIE is entitled to an increase in

attorney’s fees and costs. Therefore, the matter is remanded for the trial court to

15

determine additional reasonable attorney’s fees and costs based on the appeal.

EXCEPTIONS OF ANNETTE KOVAC

Mr. Alexander asserts that the trial court erred by granting Ms. Kovac’s

Exception of No Cause of Action because he was not served with the pleading.

The trial transcript clearly reflects that once the trial court deemed Mr.

Alexander’s suit was premature and also granted LSBPIE’s Special Motion to

Strike, the remaining exception filed by Ms. Kovac was moot. The following

colloquy occurred between counsel for Ms. Kovac and the trial court:

MR. FANTACI:

Before we move on, I’ve been very patient. I’ve let

everybody else speak. My client had an exception of no

cause of action pending. In light of your ruling that this

lawsuit is premature and can’t stand, I just want to clarify

that all of the claims against my client, as well, are being

dismissed.

JUDGE ERVIN-KNOTT:

They are.

MR. FANTACI:

And I guess my cause of action is moot as a result.

JUDGE ERVIN-KNOTT:

As a result.

MR. FANTACI:

I want that to be clear for the record.

JUDGE ERVIN-KNOTT:

It’s like a domino effect. Of course Mr. Alexander

can go before the suit that’s pending before -- that arises

out of the actions that he’s claiming, the 2018, which is

the basis of the suit that’s pending here, that goes before

Judge Griffin. And I understand their motions to transfer

to "F" and then to "C", whatever it is. The one that’s here

is done.

MR. ALLGOOD:

16

So what I would propose. Your Honor, is to submit

a judgment on all of the exceptions and the motion to

strike, disposing of all of them, and granting the

exceptions and a motion to strike, leaving a blank for my

attorney's fees, and I will submit an affidavit with

attorney’s fees related only to the motion to strike.

Further, irrespective of whether Mr. Alexander was served with Ms. Kovac’s

Exception of No Cause of Action, exceptions of no cause of action were also filed

by LSBPIE, Mr. Englade, and Mr. Wallace. Thus, we find Mr. Alexander’s

contention lacks merit.

SANCTIONS

Ms. Glazer and Meeks filed an Answer to Mr. Alexander’s appeal asserting

that the trial court erred by denying their Motion for Sanctions pursuant to La.

C.C.P. art. 863.

La. C.C.P. art. 863 provides:

A. Every pleading of a party represented by an attorney

shall be signed by at least one attorney of record in his

individual name, whose address shall be stated. A

party who is not represented by an attorney shall sign

his pleading and state his address.

B. Pleadings need not be verified or accompanied by

affidavit or certificate, except as otherwise provided

by law, but the signature of an attorney or party shall

constitute a certification by him that he has read the

pleading, and that to the best of his knowledge,

information, and belief formed after reasonable

inquiry, he certifies all of the following:

(1) The pleading is not being presented for any

improper purpose, such as to harass, cause

unnecessary delay, or needlessly increase the cost

of litigation.

(2) Each claim, defense, or other legal assertion in

the pleading is warranted by existing law or by a

nonfrivolous argument for the extension,

modification, or reversal of existing law.

17

(3) Each allegation or other factual assertion in the

pleading has evidentiary support or, for a

specifically identified allegation or factual

assertion, is likely to have evidentiary support after

a reasonable opportunity for further investigation

or discovery.

(4) Each denial in the pleading of a factual

assertion is warranted by the evidence or, for a

specifically identified denial, is reasonably based

on a lack of information or belief.

C. If a pleading is not signed, it shall be stricken unless

promptly signed after the omission is called to the

attention of the pleader.

D. If, upon motion of any party or upon its own motion,

the court determines that a certification has been made

in violation of the provisions of this Article, the court

shall impose upon the person who made the

certification or the represented party, or both, an

appropriate sanction which may include an order to

pay to the other party the amount of the reasonable

expenses incurred because of the filing of the

pleading, including reasonable attorney fees.

E. A sanction authorized in Paragraph D shall be

imposed only after a hearing at which any party or his

counsel may present any evidence or argument

relevant to the issue of imposition of the sanction.

F. A sanction authorized in Paragraph D shall not be

imposed with respect to an original petition which is filed

within sixty days of an applicable prescriptive date and

then voluntarily dismissed within ninety days after its

filing or on the date of a hearing on the pleading,

whichever is earlier.

G. If the court imposes a sanction, it shall describe the

conduct determined to constitute a violation of the

provisions of this Article and explain the basis for the

sanction imposed.

The article “imposes a duty of reasonable inquiry on a party—including a pro se

litigant—signing pleadings.” Mendonca v. Tidewater, Inc., 11-0318, p. 8 (La.

App. 4 Cir. 9/7/11), 73 So. 3d 407, 414.

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The trial court denied the Motion for Sanctions finding that the trial court

division for the underlying case, 2018-2072, should assess any La. C.C.P. art. 863

sanctions and or injunctions. “Appellate court review of the fact finding of an

Article 863 violation is under the manifest error standard.” Mendonca, 11-0318, p.

8, 73 So. 3d at 413.

Attorney Glazer and Meeks’ Motion for Sanctions filed with the trial court

was based upon Article 863 violations within Mr. Alexander’s filings in the present

matter, not the underlying matter. As such, we find the trial court erred by denying

the motion and instructing Attorney Glazer and Meeks to file for sanctions in the

underlying matter. Therefore, we remand the issue of sanctions to the trial court to

conduct a hearing and assess sanctions if deemed appropriate.5

FRIVOLOUS APPEAL

Attorney Glazer, Meeks, Mr. Englade, Mr. Wallace, and LSBPIE filed

Answers to Mr. Alexander’s appeal contending that the appeal was frivolous, such

that this Court should award damages, attorney’s fees, and costs.

La. C.C.P. art. 2133(A) states, in pertinent part, that:

An appellee shall not be obliged to answer the appeal

unless he desires to have the judgment modified, revised,

or reversed in part or unless he demands damages against

the appellant. In such cases, he must file an answer to the

appeal, stating the relief demanded, not later than fifteen

days after the return day or the lodging of the record

whichever is later.

Further, La. C.C.P. art. 2164 provides:

5

Attorney Glazer and Meeks also request that this Court issue an injunction against Mr.

Alexander to prevent the filing of further unnecessary suits. As the imposition of sanctions

pursuant to La. C.C.P. art. 863 is designed to “deter frivolous litigation,” we find no need to also

issue an injunction against Mr. Alexander. Keaty v. Raspanti, 03-1080, p.8 (La. App. 4 Cir.

2/4/04), 866 So. 2d 1045, 1051.

19

The appellate court shall render any judgment which is

just, legal, and proper upon the record on appeal. The

court may award damages, including attorney fees, for

frivolous appeal or application for writs, and may tax the

costs of the lower or appellate court, or any part thereof,

against any party to the suit, as in its judgment may be

considered equitable.

“Appeals are always favored and, unless the appeal is unquestionably frivolous,

damages will not be granted.” Tillmon v. Thrasher Waterproofing, 00-0395, p. 8

(La. App. 4 Cir. 3/28/01), 786 So. 2d 131, 137. This Court further stated that “[a]n

appeal is frivolous if it does not present a substantial legal question, if the sole

purpose of the appeal is delay, or if the appealing counsel does not seriously

believe the view of the law that he advocates.” Id. However, “[t]his court is

reluctant to grant frivolous appeal damages because of the chilling effect it may

have on the appellate process.” Id.

Damages for a frivolous appeal will be awarded if the appellant is

attempting to delay the action, if the appellant does not believe what he is

advocating, or if the appeal presents no “‘substantial legal question.’” Hunter v.

Maximum Grp. Behavioral Servs., Inc., 10-0930, p. 6 (La. App. 4 Cir. 3/16/11), 61

So. 3d 735, 739 (quoting Tillmon, 00-0395, p. 8, 786 So. 2d at 137). “Damages for

frivolous appeal are properly awarded only when the proposition advocated is so

ridiculous or so opposed to rational thinking that it is evident beyond any doubt

that it is being deliberately professed for ulterior purposes.” Bottle Poetry, LLC v.

Doyle Rest. Grp. Co., LLC, 13-0406, p. 9 (La. App. 4 Cir. 1/15/14), 133 So. 3d 60,

67.

We find that Attorney Glazer, Meeks, Mr. Englade, Mr. Wallace, and

LSBPIE are entitled to an award of damages, attorney’s fees, and costs on appeal.

While Mr. Alexander filed his appellant brief pro se, he is not representative of the

20

average pro se litigant. As outlined in the appellee brief of Attorney Glazer and

Meeks, Mr. Alexander’s similar and indirectly related lawsuits filed at First City

Court and the Orleans Parish Civil District Court includes, but is not limited to:

1. Alexander v. Wayne R. Centanni and Centanni

Investigative Agency, CDC No. 09-07153, Div. “F-07”

(Unfair and Deceptive Trade Practices);

2. Alexander v. Cannon Cochran Management Services,

Inc. D/B/A CCMSI, Jerry Armatis, Thomas Brechtel, and

Carl Ayestas, CDC No. 09-07154, Div. “D-16”

(Retaliatory Discharge, Wrongful Termination, Overtime

Wages and Back Pay, Unjust Enrichment, and

Whistleblower Protection);

3. Alexander v. Cannon Cochran Management Services,

Inc., CDC No. 12 05255, Div. “L-06” (Discrimination);

4. Alexander v. Angella Myers, CDC No. 12-5254, Div.

“G-11” (Tortious Interference relative to CDC No. 12-

05255);

5. Alexander v. LSBPIE and its Executive Director,

James P. Englade, in his official capacity and

individually, Dennis J. Phayer, Nancy Marshall, Elliot

M. Lonker, Lance Guest, Frilot, L.L.C., Elizabeth

Doubleday, Deutsche Kerrigan, L.L.P., and Burglass &

Tankersley, L.L.C., CDC No. 13-00362, Div. “F-07”

(Defamation and Abuse of Process);

6. Alexander v. Carl Ayestas, CDC No. 13-09535, Div.

“A-16” (Defamation);

7. Alexander v. Angella Myers, CDC No. 13-10624, Div.

“M-13” (Tortious Interference regarding CDC No. 13-

09535);

8. Alexander v. Jerry Armatis, Myers Law Group, L.L.P.,

Angella H. Myers, and Mark C. Carver, First City Court

for the Parish of Orleans, No. 13-53519 (Invasion of

Privacy);

9. Alexander v. Lance S. Guest in his official and

individual capacity, and Office of Risk Management,

CDC No. 14-03062, Div. “N-08” (Defamation);

10. Alexander v. The City of New Orleans, Travelers Ins.

Co., Brian Thomas, Angela Myers, Myers Law Group,

Lawrence W. Gerguson & Associates, Lawrence

Ferguson, Mark C. Carver, Cannon Cochran

Management Services, Inc., Carlos O. Ayestas, Jr., Jerry

Armatis, CDC No. 14-04123, Div. “B-05” (Breach of

Contract);

21

11. Alexander v. Wayne R. Centanni, individually and

d/b/a, Centanni Investigative Agencies, David Parnell,

Jr., Lance Wallace, and James Englade, CDC No. 15-

00209, Div. “N-08” (Petition to Annul Judgment for

Fraud and Ill Practices regarding CDC No. 09-07153);

12. Alexander v. The Times-Picayune, L.L.C. and David

Hammer, CDC No. 15 11890, Div. “M-13” (Libel,

Slander, and Defamation);

13. Alexander v. Blue Williams, L.L.P., LSBPIE, Dennis

J. Phayer, David Parnell, Jr., Nancy J. Marshall, James

P. Englade, Elizabeth Doubleday, Deutsch Kerrigan,

L.L.P., Burglass & Tankersly, L.L.C., and Thomas G.

Buck, CDC No. 17-02215, Div. “I-14” (Defamation);

14. Alexander v. Blue Williams, L.L.P., Dennis J. Phayer,

David Parnell, Nancy J. Marshall, and La. State Board

of Private Investigator Examiners, CDC No. 17-05452,

Div. “I-14” (Defamation);

15. Alexander v. LSBPIE, Sher Garner Cahill Richter

Klein & Hilbert, L.L.C., Annette Kovac, Brandon W.

Keay, James M. Garner, Debra Fishchman, James P.

Englade, CDC No. 17-05546, Div. “I-14” (Defamation);

16. Alexander v. Office of Risk Management and Julian

S. Thompson, in his official capacity as The Director of

Risk Management, CDC No. 17-10372,Div. “J-15”

(Mandamus);

17. Alexander v. LSBPIE, Lane Wallace, Brett Tweedel,

Michael A. Thomas, The State of Louisiana through the

Board of Private Investigator Examiners, Sher Garner

Cahill Richter Klein McCallister Klien & Hilbert, L.L.C.,

Dennis Phayer, David Parnell, Lance Wallace, James P.

Englade, Del Hahn, Nancy Marshall, Sonia Mallet in her

capacity as the Director of Litigation for the Office of

the Attorney General for the State of Louisiana, Ryan

Luminais, Ronald Luminae, Elliot Lonker, Leblanc

Fantaci Villio, L.L.C., Jeff Landry, in his capacity as the

Attorney General for the State of Louisiana, Annette

Kovac, Delbert Hahn, Phyllis E. Glazer, James Garner,

Frilot, L.L.C., Debra Fischman, Michael L. Fantaci,

Elizabeth Doubleday, and Deutsch Kerrigan, L.L.P.,

CDC C/A No. 18-02072, Div. “I-14” (Defamation);

18. Alexander v. Gertraud G. Malmgren, James Young,

Peter Weilbacher, USAA Casualty Ins. Co., State Farm

Ins. Co., Lobman, Carnahan, Batt, Angelle, & Nader,

Stacy Estrada, and David Batt, CDC No. 2018-09910,

Div. “G-11” (Libel and Slander, Fraud and Fraud on the

Court, Conspiracy, Tortious Interference with Contract,

Intentional and Fraudulent Misrepresentations,

22

Intentional Infliction of Emotional Distress, and Mental

Anguish);

19. Alexander v. Jeffrey M. Landry, Stephen J. Oats,

Warren Orlando, Oat & Marino, Millard Mule,

Louisiana Citizens for Job Creators, Inc., Harvey Gulf

International Marine, L.L.C., Shane J. Guidry, and

David Allen, CDC No. 2018-10372, Div. “L-06” (Breach

of Contract);

20. Alexander v. LSBPIE, Phyllis Glazer, James P.

Englade, Lance Wallace, Annette Kovac, and

Meeks & Associates, CDC No. 2019-0711, Div. “I-14”

(Defamation); and

21. Alexander v. LSBPIE and James P. Englade in his

Official Capacity, and James P. Englade Individual

Capacity, CDC No. 2019-10301, Div. “L-06”

(Petition to Make Judgment Executory relative to CDC

No. 2013-0362).

The above list does not include Mr. Alexander’s numerous filings in the Federal

Court system. Because of his innumerable federal filings, the United States

District Court of the Eastern District of Louisiana issued the following order:

In addition to the positions stated above, certain

defendants also seek additional relief from the Court

relative to related further litigation instituted by Plaintiff

relating in some way to the investigation services

previously provided by him, and/or Worldwide Detective

Agency, Inc., to the City of New Orleans and/or CCMSI.

See, e.g., Rec. Doc. 20–1, pp. 24–25. Having carefully

considered the parties’ submissions, as well as the records

in the pertinent proceedings previously pending in this

Court, IT IS ORDERED that:

(1) Dwayne Alexander and Worldwide Detective Agency,

Inc. shall not hereafter file, in the United States District

Court for the Eastern District of Louisiana, any additional

complaint, motion, or other pleading that arises from or is

premised upon: (a) Alexander’s and/or Worldwide’s

private investigative services provided to the City of New

Orleans and/or CCMSI, (b) private investigation

licensing, (c) and/or any litigation regarding same,

without first seeking leave of Court to do so, and

certifying, in writing, that the proposed submission is not

frivolous, presented for an improper purpose, repetitive or

duplicative, has evidentiary support, and does not contain

any inappropriate, irrelevant, malicious, harassing and/or

23

insulting comments. Failure to comply with this order

may result in filings being stricken from the record and/or

the imposition of significant financial and/or other

sanctions, including payment of excess costs, expenses,

and any attorney’s fees under 28 U.S.C. §

1927 and/or Federal Rule of Civil Procedure 11.

(2) Dwayne Alexander or anyone acting on his behalf, or

on behalf of Worldwide Detective Agency, Inc., must give

written notice to any court or agency (including parish,

city, state and federal courts or agencies) of all prior and

pending litigation filed by Dwayne Alexander or

Worldwide Detective Agency, Inc. (or anyone acting on

his/its behalf) by appending to the petition or complaint a

written summary of all past and pending proceedings that

directly or indirectly relate to private investigation

services, private investigation licensing, or Cannon

Cochran Management Services, Inc., its employees or its

attorneys. Failure to comply with this order may result in

filings being stricken from the record and/or the

imposition of significant financial and/or other sanctions,

including payment of excess costs, expenses, and any

attorney’s fees under 28 U.S.C. § 1927 and/or Federal

Rule of Civil Procedure 11.

Alexander v. City of New Orleans, No. CIV. A. 12-1524, 2015 WL 160435, at *3-4

(E.D. La. 1/12/15). Subsequently, the United States Fifth Circuit Court of Appeals

stated the following:

Alexander is WARNED, however, that future frivolous,

repetitive, or otherwise abusive filings will result in the

imposition of progressively severe sanctions, which may

include monetary penalties and restrictions on his ability to file

pleadings and other documents in this court and in any court

subject to this court’s jurisdiction. Alexander should review any

pending appeals and actions and move to dismiss any that are

frivolous. His failure to do so will result in the imposition of

sanctions. This warning supplements and does not displace the

sanctions orders of the district court.

Alexander v. Cannon Cochran Mgmt. Servs., Inc., 638 Fed. Appx. 410, 2016 WL

1042529 (5th Cir. 2016).

We find that Mr. Alexander’s appeal is frivolous, as there is no substantial

24

legal question presented and he could not, even as a pro se filer,6 believe the

position he has taken after being informed that his defamation claims cannot be

addressed until the underlying matter is resolved. Accordingly, we award the

following, to be paid by Mr. Alexander, based on his frivolous appeal:

Attorney Glazer and Meeks: $2,000 for attorney’s fees

$1,000 for damages

Mr. Englade and Mr. Wallace: $2,000 for attorney’s fees

$1,000 for damages

LSBPIE: $2,000 for attorney’s fees

$1,000 for damages

Mr. Alexander shall also pay all costs for the parties associated with this appeal.

See Hester v. Hester, 98-0854, pp. 5-6 (La. App. 4 Cir. 5/13/98), 715 So. 2d 40, 43.

Awarding a party frivolous appeal damages is sparsely utilized because of the

chilling effect it may have on litigation. However, a chilling effect is necessary for

Mr. Alexander given his repetitious court filings and the unique background of the

present matter.

DECREE

For the above-mentioned reasons, we find that the trial court correctly

sustained the exception of prematurity, as Mr. Alexander’s claims of defamation

cannot be brought until the underlying suit is concluded.

We also find the trial court did not err by granting LSBPIE’s Special Motion

to Strike, as Mr. Alexander was properly served and La. C.C.P. art. 971 was

designed for this type of suit. Additionally, we find that LSBPIE is entitled to an

increase in Article 971 sanctions. Therefore, we remand the matter to the trial

court for determination.

We find that the trial court erred by not addressing Attorney Glazer and

6

Attorney Donald C. Douglas, Jr. appeared and was allowed to enroll for oral argument only.

25

Meeks’ Motion for Sanctions pursuant to La. C.C.P. art. 863. We remand this

issue to the trial court for a determination on the motion.

Lastly, we find that Mr. Alexander’s appeal is frivolous and award damages,

attorney’s fees, and costs consistent with this opinion. The judgment of the trial

court is affirmed in part, reversed in part, and remanded for further proceedings

consistent with this opinion.

AFFIRMED IN PART; REVERSED IN PART; REMANDED

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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