Fidelity Bank v. the Succession of Geraldine O. Dowden

• Court: Louisiana Court of Appeal
• Decided: January 20, 2021
• Docket: 2020-CA-0241
• Status: Published

Opinion

FIDELITY BANK * NO. 2020-CA-0241

VERSUS * COURT OF APPEAL THE SUCCESSION OF * GERALDINE O. DOWDEN FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2019-01204, DIVISION “N-8” Honorable Ethel Simms Julien, Judge ****** Judge Dale N. Atkins ****** (Court composed of Judge Paula A. Brown, Judge Tiffany G. Chase, Judge Dale N. Atkins)

Frank J. DiVittorio Patrick K. Reso John D. Miranda CHEHARDY SHERMAN WILLIAMS MURRAY RECILE STAKELUM & HAYES 111 North Oak Street, Suite 200 Hammond, LA 70401

COUNSEL FOR PLAINTIFF/APPELLEE

Coreygerard Dowden 7831 Brevard Avenue New Orleans, LA 70127

APPELLANT

SECOND APPLICATION FOR REHEARING REFUSED JANUARY 20, 2021 DNA PAB TGC In this executory proceeding, Appellant, Coreygerard Dowden, appealed the

trial court’s July 19, 2019 judgment which denied Appellant’s petition for

preliminary injunction to halt the petition of Appellee, Fidelity Homestead Savings

Bank (“Fidelity”), to seize and sell immovable property to satisfy an unpaid

promissory note and mortgage. In its October 7, 2020 Opinion, this Court

discussed the factual and procedural background of this matter and dismissed the

appeal for lack of jurisdiction. See Fidelity Bank v. Succession of Dowden, 2020-

0241, 2020 WL 5939215 (La. App. 4 Cir. 10/7/20). Thereafter, on October 20,

2020, Appellant filed an application for rehearing, which this Court denied on

October 29, 2020. When this Court denied Appellant’s first application for

rehearing, we did not grant Appellant the right to apply for another rehearing,

pursuant to Uniform Rules, Courts of Appeal, Rule 2-18.6.

On December 14, 2020,1 Appellant filed an “Application for Writ of

Supervisory Review,” again seeking reversal of the trial court’s July 19, 2019

judgment. Though styled as a writ application, in substance, the pleading is a

second application for rehearing of his appeal. This Court will not consider a

1 Prior to filing his pleading with this Court, Appellant filed a writ with the Louisiana Supreme Court on November 30, 2020.

1 repetitive application for rehearing on an appeal that we have already considered

and dismissed. See Levert v. Berthelot, 127 La. 1004, 54 So. 329 (1910) (“A decree

on rehearing being final when rendered, an application for a second rehearing

cannot be entertained, unless the decree contains a reservation for such

application”).

Accordingly, Appellant’s second application for rehearing is refused.

DECREE

For the foregoing reasons, Appellant’s second application for rehearing is

refused.

SECOND APPLICATION FOR REHEARING REFUSED