(ON APPLICATION FOR REHEARING)
PER CURIAM.
Ms. Motton has filed an application for rehearing requesting the Court address the issue of attorney's fees for work done in defending the appeal in this matter. We grant Ms. Motton's application for re-hearing, amend the judgment of the trial court, and as amended affirm the judgment of the trial court.
Due to the chilling effect it may have on the appellate process, this Court remains cautious in awarding attorney fees for frivolous appeals; however, in cases where attorney fees were awarded by the trial court, the appeal has necessitated additional work on the part of plaintiff's counsel, and the defendant has obtained no relief on appeal, we do find that an award of attorney fees for the defense of an appeal is merited. See Sims v. Sun Chemical Corp., 34,947 (La.App. 2 Cir. 8/22/01), 795 So.2d 439. Tillmon v. Thrasher Waterproofing, 00-0395 (La.App. 4 Cir. 3/28/01), 786 So.2d 131.
To wit, in the case sub judice, upon a finding that Ms. Motton properly requested attorney's fees associated with the appeal and upon a showing that additional work, in the amount of 171.00 hours, on the part of plaintiff's counsel was necessitated at a rate of $200.00 per hour, we award the plaintiff additional attorney's fees in the amount of $34,000 for work required to successfully litigate this matter on appeal. The judgment in favor of plaintiff is amended to award an additional $34,000 in attorney's fee. In all other respects, it is affirmed.
AMENDED; AS AMENDED AFFIRMED
MURRAY, J., CONCURS IN PART AND DISSENTS IN PART WITH REASONS
I concur in the grant of rehearing in order to award attorney's fees for the work of Ms. Motton's counsel on appeal. On rehearing, Ms. Motton asserted a claim for additional attorney's fees pursuant to the applicable statutory provisions authorizing attorney's fees to a prevailing plaintiff in this type of employment discrimination case. Because she did not assert a claim for attorney's fees for a frivolous appeal, I find the discussion of frivolous appeal principles by the majority to be somewhat misleading.
Although I agree with the majority that additional fees are to be awarded, I disagree with the amount awarded. The trial court found $200 to be a reasonable hourly rate for work done by Ms. Motton's attorney through trial. We affirmed that finding. An appropriate award for attorney's fee for work done by Ms. Motton's attorney in connection with this appeal, therefore, turns on determining the number of hours reasonably expended in defending the appeal. Ms. Motton's attorney submitted a billing statement showing that he spent 171 hours working on the appeal. The majority bases its award on that figure.
The trial court allowed 567.9 hours for all the work done by counsel in preparing and trying the case, which involved two removals to federal court, two remands to state court, motion practice, including defending motions for summary judgment, discovery, and a six day trial. By comparison, it is difficult to accept that 171 hours reasonably were expended in defending the appeal.
I, therefore, respectfully concur in part and dissent in part.