Louisiana Revised Statutes 37:389.1 – Injunction; penalty; attorney fees; costs
Terms Used In Louisiana Revised Statutes 37:389.1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. The board, through its president, on motion in any court of competent jurisdiction, may cause to issue an injunction to enjoin any person from practicing barbering without a certificate of registration or violating any other provision of this Chapter.
B. In the suit for an injunction, the board, through its president, may demand and the court may assess, in addition to the injunction, a penalty of not more than eight hundred dollars, reasonable attorney fees, and costs of court. The judgment for penalty, attorney fees, and costs may be rendered in the same judgment in which the injunction is made permanent, and shall be payable to the board. However, if such injunction is not made absolute, the board shall be liable to the defendant for the payment of his attorney fees and court costs.
C. The trial of this proceeding shall be summary, with preference over ordinary proceedings, and tried by the judge without a jury.
D. A violation of the injunction shall be considered as contempt of court and punished accordingly.
Acts 1995, No. 226, §1, eff. July 1, 1995.