# NKP Vision Center, Inc. v. Greenberg

> Louisiana Court of Appeal · May 26, 1999 · 98 La.App. 4 Cir. 0327

URL: https://www.frixlaw.com/law-library/cases/7723482

## Case

- **Full name:** NKP VISION CENTER, INC. v. Marjorie O. GREENBERG as Testamentary of the Succession of Tom I. Greenberg, an Optometry Corporation, d/b/a Vision Plaza and/or Vision Plaza, Inc. and Peter Brown
- **Court:** Louisiana Court of Appeal
- **Decided:** May 26, 1999
- **Citations:** 98 La.App. 4 Cir. 0327; 737 So. 2d 262; 1999 La. App. LEXIS 1607; 1999 WL 339302
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Byrnes, III, Kirby, Landrieu
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7723482

## Opinion text

\iOn Rehearing
This court grants rehearing on its own motion to correct an inadvertent error in its opinion rendered on March 26, 1999. In that opinion the Court erroneously stat *272 ed that the defendants had failed to file an answer in matter number 98-CA-0329, whereas, in fact, defendants had filed an answer asking for damages for frivolous appeal.
The fact that the plaintiff did not prevail does not mean that the appeal is frivolous. Appeals are favored. This is a complex ease involving novel issues. We cannot say that plaintiffs appeal was frivolous. Accordingly, after considering the defendants’ answer to the appeal we reach the same result we reached in our original opinion. Defendants’ claim for damages for frivolous appeal is denied.
REHEARING GRANTED; JUDGMENT AFFIRMED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7723482. Public record. Not legal advice.