McCLENDON, J.
This is an appeal of a district court judgment holding the defendants in contempt of court and imposing penalties upon them for failing to comply with a prior judgment ordering the production of certain records under the public records law. For the reasons that follow, we reverse the contempt judgment.
This matter began with multiple public records requests to and lawsuits against the Louisiana State University Board of Supervisors and its former chairman, Hank Danos, (the defendants) relating to the 2012-2013 search by LSU to fill the position of President/Chancellor of the LSU system. On April 1, 2013, Capital City Press, L.L.C. d/b/a The Advocate and Koran Addo filed a Petition for Writ of Mandamus, Declaratory Judgment, and Injunctive Relief Pursuant to the Louisiana Public Records Act, in the 19th Judicial District Court, Docket Number 620,-353, which matter was assigned to Division "D" (The Advocate case). Also, on April 1, 2013, Andrea Gallo, editor of "The Daily Reveille," LSU's student newspaper, filed a similar suit in the 19th Judicial District Court, Docket Number 620,364, which was allotted to Division "F" (The Daily Reveille case). On April 8, 2013, The Times-Picayune, L.L.C. and Quincy Hodges filed their similar Petition for Writ of Mandamus, Declaratory Judgment, and Injunctive Relief Pursuant to the Louisiana Public Records Act, in the 19th Judicial District Court, Docket Number 620,553, which was allotted to Division "O" (The Times Picayune case). By agreement of the parties, The Times-Picayune case was consolidated with The Advocate case in Division "D" and scheduled for trial on April 25. The Daily Reveille case was not joined due to the unavailability of counsel at that time, and The Advocate, The Times-Picayune, and LSU requested that the consolidated cases be transferred into The Daily Reveille case so that the three cases could proceed together to trial on April 30. However, Judge Janice Clark in Division "D" denied the request to transfer the consolidated cases to Division "F." Thus, the trial in the present matter was held on April 25, 2013, after which the district court held that the requested records were public records in accordance with Louisiana's Public Records Act and ordered that the defendants produce the records immediately. A judgment to this effect was signed on April 30, 2013.
Thereafter, on May 10, 2013, the defendants filed a notice of suspensive appeal that was opposed by The Advocate and
On June 5, 2013, the plaintiffs notified the district court that, because the defendants were going to file a writ application, they wished to continue their rule for contempt without date. On June 6, 2013, the defendants filed their application for supervisory writs with this court and also requested a stay of the proceedings. On July 12, 2013, the plaintiffs filed a supplemental rule for contempt, asserting that as of that date, the First Circuit Court of Appeal had not yet acted on the writ application, nor had it granted the defendants' request for a stay. Therefore, according to the plaintiffs, the stay expired on June 6, 2013, and because the First Circuit had not extended the stay, the defendants were again in contempt of court. On July 19, 2013, a three-judge panel of this court denied the defendants' writ application.
After that, on July 25, 2013, the defendants filed a Motion for Expedited Hearing on Supplemental Rule for Contempt, which was set for August 14, 2013. On that same date, the plaintiffs, filed an Expedited Motion to Set Trial on Remaining Issues, and the district court issued an order setting the remaining issues for trial on September 9, 2013. On August 6, 2013, the defendants filed a Renewed Motion to Certify Judgment as Final, which was also set for August 14, 2013.
At the August 14 hearing on the rule for contempt, the defendant maintained that they could not produce the requested records without risking the loss of the right to appeal the April 30, 2013 judgment. The district court disagreed and held LSU in contempt, imposing a $500.00 per day sanction, retroactive to the April 30, 2013 judgment.
On August 15, 2013, the defendants filed a Notice of Suspensive Appeal of the contempt judgment, which, on August 23, 2013, was denied by the district court as
In the meantime, the defendants filed an application for writs with the Louisiana Supreme Court regarding the underlying judgment. On August 28, 2013, the supreme court denied the writ application and the request to stay the underlying judgment, but stated:
Thereafter, on September 16, 2013, the parties entered into a Joint Agreement and Stipulation, wherein the defendants stated that they requested R. William Funk, the consultant holding the documents at issue, to produce the requested records for production under seal during the appeal of the underlying judgment. The agreement also provided that upon delivery of the documents to the court, the accrual of the daily sanction would be suspended. Mr. Funk agreed to produce the records, which were delivered to the court under the terms of the agreement.
Further, on September 19, 2013, in response to the defendants' application for supervisory writs to this court, we stated, in relevant part:
The district court granted the present suspensive appeal on October 4, 2013.
Contempt of court is defined in LSA-C.C.P. art. 221 as "any act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority." There are two types of contempt. A direct contempt includes one committed in the immediate view and presence of the court and of which it has personal knowledge. LSA-C.C.P. art. 222. A constructive contempt of court is any contempt other than a direct one, including
The trial court is vested with great discretion in determining whether a party should be held in contempt for disobeying a court order, and the court's decision should be reversed only when the appellate court discerns an abuse of that discretion. Boyd v. Boyd, 10-1369 (La. App. 1 Cir. 2/11/11), 57 So.3d 1169, 1178. Although a trial court has discretion to determine whether to find a person guilty of constructive contempt of court, a finding that a person willfully disobeyed a court order in violation of Article 224(2) must be based on a finding that the accused violated an order of the court "intentionally, knowingly, and purposefully, without justifiable excuse." Lang v. Asten, Inc., 05-1119 (La.1/13/06), 918 So.2d 453, 454 (per curiam). While a trial court's ultimate decision to hold a party in contempt of court is subject to review under the abuse of discretion standard, in the case of a civil contempt, its predicate factual determinations are reviewed under the manifest error standard. Rogers v. Dickens, 06-0898 (La.App. 1 Cir. 2/9/07), 959 So.2d 940, 945.
In the present case, in response to the plaintiffs' public records requests, LSU produced only the documents reflecting the single candidate recommended by the search committee to the board, Dr. King Alexander. Later, after the lawsuits were filed, LSU produced the records relating to the ten individuals who responded to notices published by Mr. Funk. LSU asserts it has now produced all records in its possession of individuals considered "applicants" for the position, as contemplated by LSA-R.S. 41:12.1.
It is undisputed that LSU did not produce additional records in response to the judgment on the merits. However, LSU asserts that it took multiple steps to expedite appellate review of that judgment and that it informed the district court that its
The case of Times Picayune Pub. Corp. v. New Orleans Aviation Bd., 99-237 (La. App. 5 Cir. 8/31/99), 742 So.2d 979, writ denied, 99-2838 (La.12/10/99), 751 So.2d 257, involved a request for a declaratory judgment and a writ of mandamus under the public records act, as in this matter. Also, like this matter, a rule for contempt was filed before the expiration of the delays for appeal. The trial court made a finding of contempt, and the New Orleans Aviation Board (NOAB) appealed both the underlying judgment and the judgment of contempt. One day after the appeal was filed, NOAB produced the documents as required. Thereafter, the Times Picayune filed a motion to dismiss the appeal, contending that NOAB's appeal was moot. The NOAB filed a motion for a protective order in the appellate court, requesting the court to limit the Times Picayune's use of the documents until the case was reviewed on appeal.
Times Picayune Pub. Corp., 742 So.2d at 982 (citations omitted).
In Lang, 918 So.2d at 454, the supreme court found that third-party insurers were not willfully disobeying a trial court's order to provide their insureds a defense when they failed to comply with the order pending appellate review:
Similarly, in this matter, the facts and circumstances presented do not support a finding of willful disobedience. LSU was faced with conflicting judgments from the same court and took multiple steps in an attempt to secure expedited review. Further, while LSU was trying to appeal the underlying judgment, it was trying to avoid acquiescence in the judgment. LSU's failure to comply with the district court's April 30, 2013 judgment, while attempting
For the foregoing reasons, the August 21, 2013 judgment of the district court, finding the defendants, Louisiana State University System Board of Supervisors and Hank Danos, Chairman, in contempt of court and imposing a $500.00 per day fine until the defendants comply with the April 30, 2013 judgment, is hereby reversed. Costs of this appeal are assessed equally between the plaintiffs, Capital City Press, L.L.C. d/b/a The Advocate and Koran Addo, and the plaintiffs, The Times Picayune, L.L.C. and Quincy Hodges.