Jean Riley Versus Parish of Jefferson, Jefferson Parish Hospital Service District No. 2, Parish of Jefferson, State of Louisiana, D/B/A East Jefferson General Hospital, Jefferson Radiation Oncology, LLC, and Xyz Insurance Company

• Court: Louisiana Court of Appeal
• Decided: May 19, 2021
• Docket: 21-CA-55
• Status: Unknown

Opinion

JEAN RILEY NO. 21-CA-55 VERSUS PARISH OF JEFFERSON, JEFFERSON FIFTH CIRCUIT PARISH HOSPITAL SERVICE DISTRICT NO. 2, PARISH OF JEFFERSON, STATE OF COURT OF APPEAL LOUISIANA, D/B/A EAST JEFFERSON GENERAL HOSPITAL, JEFFERSON STATE OF LOUISIANA RADIATION ONCOLOGY, LLC, AND XYZ INSURANCE COMPANY

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 761-382, DIVISION "D" HONORABLE SCOTT U. SCHLEGEL, JUDGE PRESIDING

May 19, 2021

STEPHEN J. WINDHORST JUDGE

Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and Stephen J. Windhorst

APPEAL DISMISSED SJW FHW RAC WINDHORST, J.

In this personal injury matter, plaintiff, Jean Riley, appeals the trial court’s

judgment granting the motion for summary judgment filed by defendant, Jefferson

Parish Hospital Service District No. 2, Parish of Jefferson, State of Louisiana d/b/a

East Jefferson General Hospital (“EJGH”), and dismissing her claims with prejudice.

For the reasons that follow, we dismiss this appeal.

On November 19, 2020, Ms. Riley filed a motion for appeal in the 24th

Judicial District Court seeking to appeal the trial court’s November 2, 2020

judgment granting defendant’s motion for summary judgment. On November 20,

2020, the trial court granted Ms. Riley’s motion for appeal, and the record was

lodged in this Court on February 5, 2021. This Court notified the parties that the

record had been lodged and also informed them of the due dates for the appellate

briefs. Ms. Riley was informed that her appellate brief was due on March 2, 2021.

Ms. Riley did not file a brief by this deadline, nor did she file a motion for extension

of time to file a brief.

On March 12, 2021, this Court sent Ms. Riley a letter informing her that the

time delays for filing her appellate brief had passed and notifying her that the appeal

would be dismissed as abandoned if her brief was not filed by April 12, 2021. To

date, Ms. Riley has not filed a brief.

La. U.R.C.A., Rule 2-8.6 provides as follows:

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.

21-CA-55 1 On March 12, 2021, this Court sent the required notice to counsel for Ms.

Riley informing counsel that if a brief was not filed by April 12, 2021, the appeal

would be dismissed as abandoned. See LaFrance v. LaFrance, 15-508 (La. App. 5

Cir. 02/17/16), 186 So.3d 797. No brief was filed by this deadline. Ms. Riley has

indicated no intent to pursue her appeal. Accordingly, this Court deems Ms. Riley’s

appeal abandoned and declares it dismissed under La. U.R.C.A., Rule 2-8.6.

APPEAL DISMISSED

21-CA-55 2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. 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 JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY MAY 19, 2021 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

21-CA-55 E-NOTIFIED 24TH JUDICIAL DISTRICT COURT (CLERK) HON. SCOTT U. SCHLEGEL (DISTRICT JUDGE) MATTHEW A. SHERMAN (APPELLEE)

MAILED EDWARD J. WOMAC, JR. (APPELLANT) NICHOLAS R. VARISCO (APPELLEE) MATTHEW SUTTON (APPELLANT) ATTORNEY AT LAW ATTORNEYS AT LAW ONE GALLERIA BOULEVARD 3501 CANAL STREET SUITE 1100 NEW ORLEANS, LA 70119 METAIRIE, LA 70001