Jason Christopher Shaffette v. City of Slidell and St. Tammany Parish Government

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JASON CHRISTOPHER SHAFFETTE NO. 2021 CW 0713

VERSUS

CITY OF SLIDELL AND ST. OCTOBER 5, 2021 TAMMANY PARISH GOVERNMENT

In Re: City of Slidell and St. Tammany Parish Government, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 201611791.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

STAY DENIED; WRIT GRANTED IN PART WITH ORDER; DENIED IN PART. The trial 26, 2021 judgment court' s May granting plaintiff' s, Jason Christopher Shaffette' s, Motion for Leave to File Second Supplemental and Amending Petition and ordering plaintiff' s Second Supplemental and Amending Petition filed into the record of the trial court proceedings, and the portion of the trial court' s June 29, 2021 judgment granting plaintiff' s

Motion to Confirm November 13, 2019 Judgment, are reversed. The trial court signed a judgment on September 10, 2019 dismissing plaintiff' s suit with prejudice. Therefore, the trial court

lacked authority to the subsequently allow filing of a supplemental and See Templet v. Johns, 417 amending petition.

So. 2d 433, 434- 35 ( La. App. 1st Cir.), writ denied, 420 So. 2d 981 ( La. 1982); Reno v. Perkins Engines, Inc., 98- 1686 ( La. App. 1st Cir. 9/ 24/ 99), 754 So. 2d 1032, 1033, writ denied, 99- 3058 La. 1/ 7/ 00), 752 So. 2d 863. We also find the trial court was divested of jurisdiction to the allow filing of plaintiff' s second supplemental and petition the trial amending once court signed an order devolutive granting plaintiff a appeal on

October 21, 2020. See Jordan v. Willis -Knighton Med. Ctr., 40, 564 ( La. App. 2d Cir. 1/ 25/ 06), 920 So. 2d 368. Accordingly, plaintiff' s Motion for Leave to File Second Supplemental and

Amending Petition and Motion to Confirm November 13, 2019 Judgment are denied. Furthermore, we find the trial court

abused its by discretion granting plaintiff' s request to continue the hearing on the Joint Motion to Dismiss Appeal filed by defendants, the City of Slidell and St. Tammany Parish Government, and therefore vacate the portion of the trial court' s June 29, 2021 judgment granting the continuance. The trial court is ordered to promptly hold a hearing and rule on

the motion to dismiss appeal, in accordance with La. Code Civ. P. art. 2126. In all other respects, the writ is denied.

VGW AHP CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYC ERK OF COURT FOR THE COURT