Demetria L. Robinson-Carter, Personally and O/B/O of Demetria L. Robinson-Carter, Cpa, LLC Versus St. John the Baptist Parish School Board

Opinion

DEMETRIA L. ROBINSON-CARTER, CPA, NO. 23-CA-397 PERSONALLY AND O/B/O DEMETRIA L. ROBINSON-CARTER, CPA, LLC FIFTH CIRCUIT

VERSUS COURT OF APPEAL

ST. JOHN THE BAPTIST PARISH SCHOOL STATE OF LOUISIANA BOARD

April 19, 2024

Susan Buchholz Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy, John J. Molaison, Jr., and Timothy S. Marcel

DENIED WITH REASONS

JJM SMC TSM

MOLAISON, J.

The appellant previously raised the issue of inaccurate transcripts in a

motion filed prior to submission of the appeal for consideration. On October 13,

2023, we denied the motion to supplement the record on appeal, noting, in part,

that “A court reporter’s audio tapes of trial testimony do not properly form part of

the record on appeal. See, e.g., La. R.S. 13:961(C); La. C.C.P. Art. 2127.1.”

In her motion for reconsideration, the appellant fails to offer any proof as to

inaccuracies in the record on appeal. The Clerk of Court for the 40th Judicial

District Court certified that the record is a true copy of the original record and

includes all the pleadings, evidence and documents in the case. Additionally, the

transcripts all contain the multiple official court reporters' certifications that the

transcripts are true and accurate. Given these certifications and absent any proof of

inaccuracies, we must presume the appellate record before us is correct.

Accordingly, this Court is unable to conclude that the certified record is incorrect

or contains misstatements. See Karagiannopoulos v. State Farm Fire & Cas. Co.,

94-1048 (La. App. 5 Cir. 11/10/99), 752 So.2d 202, 207-08, writs denied, 99-2866

(La. 12/10/99), 752 So.2d 165, 99-3474 (La. 2/11/00), 754 So.2d 940; Bedi v.

Price, 19-138 (La. App. 5 Cir. 10/2/19), 282 So.3d 323, 327. The appellant’s

motion for reconsideration is denied.

23-CA-397 1

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR.

FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053)

DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 04/19/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

23-CA-397 E-NOTIFIED 40th District Court (Clerk) Honorable Vercell Fiffie (District Judge) Vercell Fiffie (Appellee) Louis R. Koerner, Jr. (Appellant)

MAILED Jonathan D. Blake (Appellee) Attorney at Law 2431 South Acadian Thruway Suite 600 Baton Rouge, LA 70808