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

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.