Glenn M. Wilson & Jesse Ballard v. All occupants/tenants

• Court: Louisiana Court of Appeal
• Decided: April 14, 2025
• Docket: 2024-CA-0621
• Status: Published

Opinion

GLENN M. WILSON & JESSE * NO. 2024-CA-0621 BALLARD * VERSUS COURT OF APPEAL * ALL OCCUPANTS/TENANTS FOURTH CIRCUIT * STATE OF LOUISIANA *******

APPEAL FROM FIRST CITY COURT OF NEW ORLEANS NO. 2024-05401, SECTION “SECTION A” Honorable Monique G. Morial, Judge ****** Judge Rachael D. Johnson ****** (Court composed of Judge Daniel L. Dysart, Judge Rosemary Ledet, Judge Rachael D. Johnson)

APPEAL DISMISSED April 14,2025 RDJ In this eviction proceeding, Pro Se Appellant, Glenn M. Wilson (“Mr. DLD RML Wilson”), appeals the city court’s August 21, 2024 judgment denying his Rule for

Possession for the property located at 2314 Barracks Street, New Orleans,

Louisiana 70119 (the “Property”). The city court recognized MKW Development

Consulting L.L.C., as the owner of the Property and dismissed Mr. Wilson’s claim

with prejudice. For the reasons that follow, we dismiss the appeal.

On August 22, 2024, Mr. Wilson timely filed his motion for appeal

regarding the city court’s August 21, 2024 judgment denying his Rule for

Possession. The city court granted Mr. Wilson’s motion for appeal on the same

day, and the record was lodged with this Court on October 01, 2024. This Court

notified the parties that the record had been lodged and provided a briefing

schedule. Mr. Wilson’s appellate brief was due on October 28, 2024. However,

Mr. Wilson did not file a brief by this deadline, nor did he file a motion for

extension of time to file a brief.

On January 28, 2025, the Clerk of this Court sent correspondence to Mr.

Wilson, informing him that pursuant to Rule 2-8.6 of the Uniform Rules of

1 Louisiana Courts of Appeal, his appeal shall be dismissed if not filed by February

27, 2025.

Rule 2-8.6 of the Uniform Rules of Louisiana Courts of Appeal provides,

For civil appeals, if an appellant does not file a brief within the time prescribed by Rule 2-12.7 or any extension thereof granted by the court as provided by Rule 2-12.8, a notice shall be transmitted by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 30 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 30 days after such notice is transmitted, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in Rule 2-12.7 for the appellee to file a brief, the appellee's brief shall be filed within 20 days from the due date shown on the notice of abandonment.

Mr. Wilson failed to file his brief by February 27, 2025. This Court issued

an order that Mr. Wilson show cause no later than March 25, 2025 why his appeal

should not be dismissed pursuant to Rule 2-8.6 of the Uniform Rules of Louisiana

Courts of Appeal. Riley v. Parish of Jefferson, 21-55 (La. App. 5 Cir. 5/19/21), 325

So. 3d 1115. Mr. Wilson failed to show cause and has indicated no intent to pursue

his appeal. Accordingly, this Court deems Mr. Wilson’s appeal abandoned and it is

dismissed pursuant to Rule 2-8.6 of the Uniform Rules of Louisiana Courts of

Appeal.

APPEAL DISMISSED