Coretta McMillon and Roosevelt Norman v. European Service, Inc. d/b/a European Motors and Ali Moghimi

• Court: Louisiana Court of Appeal
• Decided: March 31, 2021
• Docket: 53,806-CA
• Status: Published

Opinion

Judgment rendered March 31, 2021. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.

No. 53,806-CA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

CORETTA MCMILLON AND Plaintiffs-Appellees ROOSEVELT NORMAN

versus

EUROPEAN SERVICE, INC. Defendants-Appellants D/B/A EUROPEAN MOTORS AND ALI MOGHIMI

Appealed from the Monroe City Court for the Parish of Ouachita, Louisiana Trial Court No. 2016CV01117

Honorable Tammy Deon Lee, Judge

G. ALI MOGHIMI Appellant, In Proper Person

RONALD KIP GATES Counsel for Appellees, Coretta McMillon and Roosevelt Norman

ARTHUR GILMORE, JR. Counsel for Appellees/ Intervenors, Car Solutions, Inc., Tracey Smedley, and Jahangir J. Nejad

Before MOORE, GARRETT, STONE, JJ. STONE, J.

Mr. Ali Moghimi filed this untimely appeal seeking review of the trial

court’s dismissal of his petition for damages for wrongful seizure. The

matter was placed on our docket in error. The record reflects that the clerk of

the Monroe City Court mailed notice of signing of judgment to Mr.

Moghimi on October 22, 2019, and that Mr. Moghimi did not move for new

trial. Mr. Moghimi did not file a motion for appeal until January 17, 2020, a

total of 87 days after the mailing of notice of judgment. “An appeal from a

judgment rendered by a city court or parish court may be taken only within

10 days from the date of the judgment or from the service of notice of the

judgment, when such notice is necessary.” La. C.C.P. art. 5002.

Accordingly, this appeal is DISMISSED.