Heather Miley Cloud v. Tom Schedler in His Official Capacity as Secretary of State for the State of Louisiana, and Bert Keith Campbell

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

CA 14-1223

HEATHER MILEY CLOUD

VERSUS

TOM SCHEDLER IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF LOUISIANA, AND BERT KEITH CAMPBELL

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ON THIS COURT’S OWN MOTION FOR CORRECTION OF OPINION

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APPEAL FROM THE

THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. 75137-A HONORABLE JOEL GERARD DAVIS, DISTRICT JUDGE

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ELIZABETH A. PICKETT

JUDGE

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Court composed of Marc T. Amy, Elizabeth A. Pickett, John E. Conery, Judges.

AMENDED AND CORRECTED.

Joffre Wendel Fusilier Attorney at Law Post Office Box 528 Ville Platte, LA 70586 (337) 363-6661 COUNSEL FOR DEFENDANT/APPELLEE:

Bert Keith Campbell

Kenneth Ray Rush Attorney at Law Post Office Box 704 Oakdale, LA 71463 (318) 335-2759 COUNSEL FOR DEFENDANT/APPELLEE:

Bert Keith Campbell

Anne Elizabeth Watson Dupre & Watson 232 N. Liberty St. Opelousas, LA 70570 (337) 942-9790 COUNSEL FOR PLAINTIFF/APPELLANT:

Heather Miley Cloud

Elbert Lee Guillory Attorney at Law 633 E. Landry St. Opelousas, LA 70570 (337) 942-6328 COUNSEL FOR PLAINTIFF APPELLANT:

Heather Miley Cloud

Stephen D. Hawkland Attorney at Law Post Office Box 94125 Baton Rouge, LA 70804 (225) 287-7475 COUNSEL FOR DEFENDANT/APPELLEE:

Secretary of State, State of La.

PICKETT, Judge.

This court issued an opinion in this matter on November 21, 2014, and at the

conclusion of the opinion, assessed costs for this matter against the appellees, the

Secretary of State for the State of Louisiana and Bert Keith Campbell. However,

the Secretary of State has objected to being assessed costs. Pursuant to La.R.S. 18:

1402(D), costs cannot be assessed against the Secretary of State in these election

proceedings. While La.R.S. 18:1409(I) prohibits an application for new trial or

rehearing in suits of this nature, this statute does permit this court, on its own

motion, to amend its opinion to correct a legal error. Since the assessment of costs

against the Secretary of State is specifically prohibited by statute, this portion of

our opinion issued on November 21, 2014, was erroneous, and we hereby amend

the opinion by reversing and setting aside the assessment of costs against the

Secretary of State.

AMENDED AND CORRECTED.