Carrollton & Oak LLC v. Nga Nguyen

• Court: Louisiana Court of Appeal
• Decided: June 26, 2023
• Docket: 2022-C-0522
• Status: Published

Opinion

CARROLLTON & OAK LLC * NO. 2022-C-0522

VERSUS * COURT OF APPEAL NGA NGUYEN, ET AL * FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2017-00972, DIVISION “F-14” Honorable Jennifer M Medley, ****** Judge Sandra Cabrina Jenkins ****** (Court composed of Chief Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Sandra Cabrina Jenkins)

Justin Asher Zitler ATTORNEY AT LAW 4819 Constance Street New Orleans, Louisiana 70119

Connie P. Trieu TRIEU LAW, LLC 1800 Carol Sue Ave., Suite 7 New Orleans, Louisiana 70056

COUNSEL FOR RELATORS

Michael G. Bagneris BAGNERIS, PIEKSEN & ASSOCIATES, LLC 935 Gravier Street, Suite 2110 New Orleans, Louisiana 70112

Eric O. Person ATTORNEY AT LAW 1539 Jackson Ave., Suite 100 New Orleans, Louisiana 70130

COUNSEL FOR RESPONDENTS

WRIT GRANTED; RELIEF DENIED

JUNE 26, 2023 SCJ TFL JCL On July 30, 2022, relator, Tommy Ngo, filed this writ application seeking

review of the trial court’s May 23, 2022 judgment granting plaintiff’s re-urged

motion for directed verdict and denying relator’s motion for involuntary dismissal.

Subsequently, this Court ordered relator to supplement the writ application in

compliance with the Uniform Rules and granted respondent’s motion for time to

respond. Respondent also filed a motion to dismiss the writ application, to which

relator filed a reply. In consideration of the writ application and pleadings filed, on

October 25, 2022, this Court issued a writ disposition in this matter.

On October 27, 2022, this Court received a “Request for Clarification and

Direction” from the trial court. Therein, the trial court stated that, on October 4,

2022, relator/defendant filed Chapter 13 Bankruptcy in U.S. Bankruptcy Court for

the Eastern District of Louisiana, and listed plaintiff/respondent as a creditor. The

trial court noted that, pursuant to 11 U.S.C. § 362, an automatic stay of the state

court proceedings went into effect. The trial court then sought clarification and

direction from this Court as to whether it was divested of jurisdiction to comply

with the orders within this Court’s October 25, 2022 disposition. In consideration

of that notice regarding relator’s bankruptcy proceedings in U.S. Bankruptcy

1 Court, on October 31, 2022, this Court issued an order rescinding its October 25,

2022 writ disposition and staying this matter.

On June 14, 2023, this Court received notice of an order issued on June 8,

2023, by the U.S. Bankruptcy Court in relator’s bankruptcy proceedings, based on

its consideration of a “Motion for Limited Stay Relief, as Stipulated by the Parties

in Interest, for Finality in State Court on the Merits of Liability and Quantum

Judgments” filed by Tommy Ngo (relator), and the response filed by Carrollton &

Oak, LLC (respondent). The Bankruptcy Court ordered, in pertinent part, “that

limited relief from the automatic stay under 11 U.S.C. § 362 is GRANTED solely

to permit the parties to furnish a copy of this Order to the Louisiana 4th Circuit

Court of Appeal, request that that Court issue its decision on a pending writ

application in Case no. 2022-C-0522, and to permit that Court to issue such

decision.”

In consideration of the Order issued by the U.S. Bankruptcy Court, this

Court now issues the following disposition. Upon review of the writ application

filed by relator and supplemental pleadings filed by the parties, we find that the

trial court decreed the May 23, 2022 judgment to be a final judgment for purposes

of appeal, pursuant to La. C.C.P. arts. 1911 and 1915.1 Accordingly, the writ is

granted for the limited purpose of remanding this matter to the trial court for

treatment of the relator’s notice of intent as a motion for appeal.

1 On September 30, 2022, in consideration of an “Emergency Motion to Clarify a Misstatement

Pursuant to La Code of Civil Procedure 2088(A)(4)”, the trial court signed a judgment decreeing, in pertinent part, that the May 23, 2022 judgment is a final judgment in accordance with La. C.C.P. arts. 1911 and 1915.