Lafayette City-Parish Consolidated Government v. Lucile B. Randol Heirs, L.L.C.

• Court: Louisiana Court of Appeal
• Decided: January 12, 2022
• Docket: CA-0021-0778
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 21-778

LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT

VERSUS

LUCILE B. RANDOL HEIRS, L.L.C.

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20212515 HONORABLE MICHELLE M. BREAUX, DISTRICT JUDGE

ELIZABETH A. PICKETT

JUDGE

Court composed of Elizabeth A. Pickett, Billy H. Ezell, Shannon J. Gremillion, Judges.

APPEAL SUSPENDED. REMANDED WITH INSTRUCTIONS. Michael Dean Hebert Becker & Hebert, L.L.C. 201 Rue Beauregard Lafayette, LA 70508 (337) 233-1987 COUNSEL FOR PLAINTIFF/APPELLANT: Lafayette City-ParishConsolidated Government

Camille Bienvenu Poche Babineaux, Poche, Anthony & Slavich, L.L.C. Post Office Box 52169 Lafayette, LA 70505-2169 (337) 984-2505 COUNSEL FOR PLAINTIFF/APPELLANT: Lafayette City-ParishConsolidated Government

Gregory Jesse Logan The Logan Law Firm, L.L.C. Post Office Box 52704 Lafayette, LA 70505 (337) 406-9685 COUNSEL FOR PLAINTIFF/APPELLANT: Lafayette City-ParishConsolidated Government

Gary McGoffin Attorney at Law 220 Heymann Boulevard Lafayette, La 70503 (337) 233-0300 COUNSEL FOR DEFENDANT/APPELLEE: Lucile B. Randol Heirs, L.L.C. Pickett, Judge.

On December 14, 2021, this court issued to Plaintiff/Appellant, Lafayette

City-Parish Consolidated Government, a rule to show cause, by brief only, why the

appeal should not be dismissed as having been taken from a judgment lacking proper

decretal language. Input/Output Marine Systems, Inc. v. Wilson Greatbatch,

Technologies, Inc., 10-477 (La.App. 5 Cir. 10/29/10), 52 So.3d 909; see also Mouton

v. AAA Cooper Transportation, 17-666, 17-667 (La.App. 3 Cir. 1/10/18), 237 So.3d

594. For the reasons that follow, we suspend the appeal and remand this matter to

the trial court with instructions to issue a judgment containing proper decretal

language.

FACTS AND PROCEDURAL HISTORY

On May 14, 2021, Plaintiff filed a Petition for Expropriation, seeking to

expropriate approximately 16.504 acres belonging to Defendant/Appellee, Lucile B.

Randol Heirs, L.L.C., for the construction of two drainage detention ponds. In

response, on June 8, 2021, Defendant filed Peremptory Exceptions of

Unconstitutionality challenging the constitutionality of the Lafayette Quick Take

Statute, La.R.S. 19:139, et seq., and alleging the unconstitutional lack of public

necessity.

A hearing on the exceptions was held on August 10, 2021. The peremptory

exception of unconstitutional lack of public necessity was denied that same day. The

court took under advisement the peremptory exception of unconstitutionality of the

Quick Take Statute. In in a written judgment signed on October 22, 2021, the trial

court granted the exception. That judgment provided, in pertinent part, as follows:

This court is of the opinion that Mr. Trahan signed The Certificate of Engineer without complying to the statutory mandate. Considering the evidence presented, the court finds the procedural aspect of the taking by Lafayette City Parish Consolidated Government was not in accordance with La.R.S. 19:39 et seq. . . . . This court firmly believes that drainage is a public purpose and public interest. However, this Court finds that Lafayette City Parish Consolidated Government has not complied with the standards set forth in La.R.S. 139 et seq. Therefore, for the above reasons, this court grants the preemptive [sic] exception filed by Defendant, Lucile B[.] Randol Heirs, LLC.

Plaintiff filed a motion for suspensive appeal of that judgment. When the

record was received by this court, we discovered that “the judgment did not contain

decretal language dismissing the plaintiff[s’] claims.” Edwards v. Chrysler Motor

Co., Inc., 07-326, p. (La.App. 1 Cir. 2/8/08), 984 So.2d 85. Therefore, we ordered

Plaintiff to show cause why the appeal should not be dismissed as having been taken

from a judgment lacking proper decretal language. See Edwards, 984 So.2d 85.

Plaintiff timely responded to the rule to show cause, requesting that this court stay

the appeal and remand for the limited purpose of having the trial court issue a

judgment containing the requisite decretal language in accordance with this court

ruling in Louisiana State University Board of Supervisors through Louisiana State

University Veterinarian Teaching Hospital v. Johnson, 20-272 (La.App. 3 Cir.

8/5/20), 2020 WL 4500190 (citing Mouton, 237 So.3d 594, and Input/Output Marine

Systems, Inc., 52 So.3d 909.

In the instant case, the judgment contains no decretal language to dismiss

Plaintiff’s claim. Consequently, this court finds that it lacks jurisdiction to consider

the merits of the appeal and cannot simply allow the matter to proceed in its current

procedural posture. Instead, we will stay the appeal and remand this matter to the

trial court for the limited purpose of rendering a proper final judgment as we did in

Mouton, 237 So.3d 594.

DECREE

2 For the reasons given, this court lacks jurisdiction to consider the merits of

this appeal because it was taken from a judgment that lacks proper decretal language.

This appeal is suspended, and the matter is remanded to the trial court with

instructions to sign a judgment containing proper decretal language no later than

February 9, 2022. The Clerk of Court for the Fifteenth Judicial District Court shall

forward the judgment so signed to this court as a supplement to the appellate record,

in duplicate. Briefing will be reissued upon receipt of the supplemental record

containing the judgment.

APPEAL SUSPENDED. REMANDED WITH INSTRUCTIONS.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Uniform Rules―Courts of Appeal, Rule 2-16.3.