Jeff Mercer, LLC v. State of Louisiana, Through the Department of Transportation and Development, Willis Jenkins, John H. Eason and Pam Higginbotham

Opinion

JEFF MERCER, LLC * NO. 2020-CA-0631

VERSUS * COURT OF APPEAL

STATE OF LOUISIANA, * THROUGH THE FOURTH CIRCUIT DEPARTMENT OF * TRANSPORTATION AND STATE OF LOUISIANA DEVELOPMENT, WILLIS ******* JENKINS, JOHN H. EASON AND PAM HIGGINBOTHAM

APPEAL FROM

4TH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA NO. 2007-3151, “DIVISON C” Honorable Wilson Rambo, Judge ******

Judge Rosemary Ledet

******

(Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Rosemary Ledet)

David P. Doughty John B. Hoychick COTTON, BOLTON, HOYCHICK & DOUGHTY, LLP 607 Madeline Street P. O. BOX 857 Rayville, LA 71269

COUNSEL FOR PLAINTIFF/APPELLEE

Michael H. Rubin, Appeal Counsel and Special Assistant Attorney General Juston O'Brien, Special Assistant Attorney General MCGLINCHEY STAFFORD, PLLC 301 Main Street, 14th Floor Baton Rouge, LA 70801

John B. Saye, Special Assistant Attorney General HAYES, HARKEY, SMITH, & CASIO, LLP 1500 N. 19th St., Suite #701 Monroe, LA 71201

COUNSEL FOR DEFENDANT/APPELLANT

APPEAL DISMISSED May 19, 2021

The State of Louisiana, through the Department of Transportation and RML Development, Willis Jenkins, John Eason, and Pam Higginbotham (collectively TFL “DOTD”) filed this appeal seeking review of the trial court’s August 7, 2020 JCL judgment. The same August 7, 2020 judgment previously was considered by this

court on DOTD’s application for supervisory writ. (Fourth Circuit Court of Appeal

No. 2020-C-0488). On November 5, 2020, this court denied DOTD’s writ

application. From this court’s ruling denying its writ, DOTD filed a writ

application with the Louisiana Supreme Court. (Louisiana Supreme Court No.

2020-CC-1386). This court issued an order on February 15, 2021, continuing

without date DOTD’s appeal pending the Supreme Court’s issuance of its decision

on DOTD’s writ application.

On May 11, 2021, the Louisiana Supreme Court issued a final decision on

DOTD’s writ application. See La. C.C.P. art. 2167(C) (providing that “[w]hen an

application for rehearing has been applied for timely, a judgment of the supreme

court becomes final and definitive when the application is denied”). As a result of

the Supreme Court’s decision, the plaintiff’s suit against the DOTD has been

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dismissed with prejudice. Accordingly, DOTD’s appeal in this matter is dismissed

as moot.

APPEAL DISMISSED