PATRICIA RIVET MURRAY, Judge.
This is a nullity action. Gerard Mendonca, the pro se plaintiff, appeals the judgment of the trial court which granted the peremptory exceptions of res judicata and no cause of action filed by the defendant, Tidewater, Inc.; granted Tidewater's motion for La. C.C.P. art. 863 sanctions; and revoked, on the court's own motion, Mr. Mendonca's in forma pauperis status. For the reasons that follow, we affirm.
Over a decade ago, Mr. Mendonca, who currently resides in Australia, commenced the underlying suit in Orleans Parish Civil District Court against Tidewater.
All of Mr. Mendonca's claims against Tidewater have been dismissed. Mendonca v. Tidewater, Inc., 03-1015 (La.App. 4 Cir. 12/17/03), 862 So.2d 505, writ denied, 04-0426 (La.4/8/04), 870 So.2d 272 ("Tidewater I")(affirming trial court's dismissal of all claims except for a tort claim for intentional interference with employment contract and remanding to allow Mr. Mendonca an opportunity to establish this tort
In an attempt to revive his claim against Tidewater, Mr. Mendonca has filed multiple nullity actions. See Mendonca v. Tidewater, Inc., 08-0264 (appeal), 08-0894 (writ) (La.App. 4 Cir. 11/5/08), 996 So.2d 74 (unpub.), writ denied, 08-2820 (La.1/30/09), 999 So.2d 738 ("Tidewater III")(finding Mr. Mendonca's motion to annul the trial court's judgment dismissing his claim, which was affirmed in Tidewater II, lacked merit). Through almost all of these proceedings Mr. Mendonca has been allowed to proceed in forma pauperis, has represented himself, and has waived appearance at hearings.
In this appeal Mr. Mendonca challenges the trial court's dismissal of his latest nullity action based on Tidewater's exceptions of no cause of action and res judicata. As noted, the trial court also granted Tidewater's motion for La. C.C.P. art. 863 sanctions and awarded $10,000 in attorneys' fees and the costs of opposing Mr. Mendonca's various petitions. As an additional sanction the trial court, on its own motion, revoked Mr. Mendonca's right to proceed in forma pauperis.
On appeal, Mr. Mendonca assignments of error can be grouped into three categories: (i) nullity action under La. C.C.P. art. 2005; (ii) sanctions under La. C.C.P. art. 863, and (iii) revocation of right to proceed in forma pauperis under La. C.C.P. art. 5181. We separately address each category.
The trial court sustained Tidewater's peremptory exceptions of no cause of action and res judicata and thus dismissed Mr. Mendonca's nullity action. Appellate courts review a trial court's decision sustaining peremptory exceptions of no cause of action and res judicata using a de novo standard. See Insurance Co. of North America v. Louisiana Power & Light Co., 08-1315, p. 5 (La.App. 4 Cir. 3/4/09), 10 So.3d 264, 267 ("[t]he standard of review of a peremptory exception of res judicata requires the appellate court to determine if the trial court's decision is legally correct or incorrect"); Tuban Petroleum, L.L.C. v. SIARC, Inc., 09-0302, p. 3 (La.App. 4 Cir. 4/15/09), 11 So.3d 519, 522, writ denied, 09-945 (La.6/5/09), 9 So.3d 877 ("[t]he peremptory exception of no cause of action is reviewed using the de novo standard of review because it involves a legal question, which is based on the sufficiency of the petition.") We thus apply a de novo standard in reviewing the dismissal of Mr. Mendonca's nullity action.
In sustaining Tidewater's exceptions the trial court reasoned as follows:
As the trial court correctly noted, this court's decision in Tidewater I was not a decision against Al Wasl. Indeed, this court's decision was an interlocutory one in Mr. Mendonca's favor, finding that he had pled a tort cause of action. This court remanded to give Mr. Mendonca an opportunity to establish that tort claim.
In the instant nullity action, Mr. Mendonca is attempting to nullify this court's decision in Tidewater I based on one of the same grounds that he raised regarding the nullity of Tidewater II—the failure to join Al Wasl as a defendant. Because the "judgment" Mr. Mendonca is seeking to nullify is one "rendered by an appellate court," the governing provision is La. C.C.P. art. 2005, which provides:
La. C.C.P. art. 2005. Article 2005 limits a litigant's right to bring a subsequent nullity suit by providing two exclusive, disjunctive grounds for annulling a judgment that an appellate court has rendered: (i) when the ground for nullity was not in the record of appeal, or (ii) when the ground for nullity was not considered by the appellate court. New Orleans Redevelopment Authority v. Lucas, 02-2344 (La.App. 4 Cir. 8/25/04), 881 So.2d 1246 (citing Weller v. Brown, 01-0314, p. 5 (La.App. 1 Cir. 3/28/02), 813 So.2d 635, 638; and Meldean's, Inc. v. Rivers, 410 So.2d 837, 839 (La.App. 3rd Cir.1982)). "When a judgment has been affirmed by an appellate court, which considered the moving party's arguments that the judgment should be annulled, the judgment cannot thereafter be annulled." Steven R. Plotkin, Louisiana Civil Procedure, Book II, Commentary to La. C.C.P. art. 2005 (1994). Such is the case here.
Mr. Mendonca contends that Article 2005 does not preclude his nullity action because the issue of whether this court's decision in Tidewater I is an absolute nullity on the ground of the failure to join Al Wasl—an alleged La. C.C.P. art. 641 defendant
To place Mr. Mendonca's argument regarding the applicability of Article 2005 in context, a brief outline of the procedural history of this case focusing on the nullity actions is necessary. The procedural history is as follows:
Mr. Mendonca's contention that Article 2005 does not preclude his nullity action is belied by the above outline of the procedural history of this case. As noted above, in Tidewater III this court implicitly rejected the ground Mr. Mendonca raises regarding the nullity of the judgment in Tidewater I. Regardless, Mr. Mendonca's contention regarding the nullity of Tidewater I appears in the record of his prior appeal and writ. As the trial court noted in its reasons for judgment, Mr. Mendonca's contention "does appear in the record of the Fourth Circuit with regard to Mendonca's appeal to the Fourth Circuit which affirmed the judgment of this Court on November 5, 2008 [Tidewater III], and Mendonca's application for supervisory writs [on the recusal issue] which the Fourth Circuit denied on June 10, 2010." The trial court thus found Article 2005 provided a basis for sustaining Tidewater's exceptions and precluded Mr. Mendonca's nullity action. We agree.
Mr. Mendonca next contends that the trial court erred in granting Tidewater's motion for sanctions under La. C.C.P. art. 863. Appellate court review of the fact finding of an Article 863 violation is under the manifest error standard. See Mathis v. Mathis, 06-1589, p. 3 (La.App. 4
La. C.C.P. art. 863 B. Article 863 thus imposes a duty of reasonable inquiry on a party—including a pro se litigant—signing pleadings. Article 863 imposes a duty to make an objective inquiry into the facts and law; hence, "[s]ubjective good faith will not satisfy the duty of reasonable inquiry." Loyola, 580 So.2d at 510.
In finding Mr. Mendonca violated Article 863, the trial court reasoned that "in filing the petitions to annul final judgments and in the related pleadings, Mendonca did not make a reasonable inquiry that such pleadings were grounded in fact and warranted by existing law or a good faith argument for the extension, modification or reversal of existing law." The trial court further reasoned that "such pleadings were interposed for the purpose of harassment and causing needless increase in the cost of litigation." As the procedural history of this case outlined earlier in this opinion reflects, Mr. Mendonca has filed multiple nullity actions seeking to revive his claim against Tidewater. Such "repetitive and duplicitous actions" constitute an abuse of the judicial system and warrant the imposition of Article 863 sanctions. Zeno v. Flowers Baking Co., 10-1413, p. 7 (La.App. 3 Cir. 4/6/11), 62 So.3d 303, 307; see also Succession of Harvey v. Dietzen, 97-2815 (La.App. 4 Cir. 6/24/98), 716 So.2d 911, 920 (citing Rochon v. Roemer, 93-2444 (La.1/7/94); 630 So.2d 247)(finding Article 863 sanctions are an appropriate remedy to prevent abuse of the judicial process). We thus find no manifest error in the trial court's finding that Mr. Mendonca violated Article 863.
Mr. Mendonca next contends that the sanctions awarded are excessive. As noted, the trial court awarded Tidewater sanctions of $10,000 in attorneys' fees plus costs in opposing Mr. Mendonca's various petitions.
Once the court finds an Article 863 violation, the imposition of sanctions is mandatory. La. C.C.P. art. 863 D (providing the court "shall" impose an appropriate sanction). Article 863 provides that an appropriate sanction 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 attorneys fees." Id. The term "reasonable" in this context has not been construed as equivalent to actual expenses; rather, "[t]he `reasonableness' finding must also include the [Article's] goals of deterrence, punishment, and compensation." Derouin v. Champion Ins. Co., 580 So.2d 1043, 1046 (La.App. 3d Cir.1991).
As noted earlier, Mr. Mendonca has been allowed to proceed in forma pauperis through most of this lengthy litigation. As an additional sanction, the trial court, on its own motion, revoked Mr. Mendonca's in forma pauperis status. Mr. Mendonca contends that the trial court erred in so doing. A trial court has great discretion in deciding to revoke a litigant's in forma pauperis status. Ainsworth v. Ainsworth, 03-1626, p. 2 (La.App. 4 Cir. 10/22/03), 860 So.2d 104, 108. Appellate courts thus review a trial court's revocation of in forma pauperis status under an abuse of discretion standard. Ainsworth, 03-1626 at p. 4, 860 So.2d at 109; see also Benjamin v. National Super Markets, Inc., 351 So.2d 138 (La.1977).
A litigant's in forma pauperis status is a "privilege, not a luxury or a right." Martin v. Martin, 39,631, p. 11 (La.App. 2 Cir. 5/18/05), 903 So.2d 619, 625. The privilege is codified in La. C.C.P. art. 5181, which provides that "an individual who is unable to pay the costs of court because of his poverty and lack of means may prosecute or defend a judicial proceeding in any trial or appellate court without paying the costs in advance or as they accrue or furnishing security therefor." La. C.C.P. art. 5181(A). In order to fulfill the purpose of the privilege of enabling indigent individuals to assert their claims in court, the jurisprudence has liberally construed the privilege. Benjamin, 351 So.2d at 140.
The trial court has the duty and authority not only to ensure that the purpose of the privilege is fulfilled, but also to monitor that the privilege is not abused. Benjamin, 351 So.2d at 142; Roy v. Gulf States Utilities Co., 307 So.2d 758, 761 (La.App. 3d Cir.1975)(noting that trial court has the duty and authority to subject in forma pauperis orders to continuing scrutiny to prevent abuse); La. C.C.P. art. 5183 B (providing that "[t]he court may reconsider such an order [allowing in forma pauperis status] on its own motion at any time in a contradictory hearing.") The jurisprudence has recognized that "it is vital that the right to file in forma pauperis not to be encumbered by those who would abuse the integrity of the judicial process by frivolous filings." Martin, 39,631 at p. 12, 903 So.2d at 626 (citing Zatko v. California, 502 U.S. 16, 17, 112 S.Ct. 355, 116 L.Ed.2d 293 (1991)). The jurisprudence also has recognized that "[i]n forma pauperis petitioners lack the financial disincentive—filing fees and attorney's fees—that help to deter other litigants from filing frivolous petitions." Id. For these reasons, imposing reasonable restrictions on litigants who abuse the judicial system, including restricting their right to proceed in forma pauperis, is warranted. Martin, 39,631 at p. 12, 903 So.2d at 626.
In this case, the trial court, on its own motion, revoked Mr. Mendonca's in forma pauperis status as an additional sanction for his Article 863 violation. In its reasons for judgment the trial court explained that it imposed the additional sanction because
For the foregoing reasons, the judgment of the trial court is affirmed. The costs of this appeal are assessed against the appellant, Mr. Mendonca.