Land Coast Insulation, Inc. v. Gootee Construction, Inc.

Opinion

LAND COAST INSULATION, * NO. 2021-CA-0052 INC. * VERSUS COURT OF APPEAL * GOOTEE CONSTRUCTION, FOURTH CIRCUIT INC., ET AL. * STATE OF LOUISIANA *******

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2016-09157, DIVISION “N-8” Honorable Ethel Simms Julien, Judge ****** JUDGE SANDRA CABRINA JENKINS ****** (Court composed of Chief Judge James F. McKay, III, Judge Edwin A. Lombard, Judge Sandra Cabrina Jenkins)

ON APPLICATION FOR REHEARING

David C. Voss Edwin Allen Graves, Jr. David Warren Carley GRAVES CARLEY, L.L.P. 2137 Quail Run Drive Building B Baton Rouge, LA 70808

COUNSEL FOR PLAINTIFF/APPELLANT

Michael Ethan Botnick Phillip Jay Antis, Jr. J. Douglas Rhorer GORDON, ARATA, MONTGOMERY, BARNETT, MCCOLLAM, DUPLANTIS & EAGAN, LLC 201 St. Charles Avenue 40th Floor New Orleans, LA 70170-4000

COUNSEL FOR DEFENDANT/APPELLEE

LIMITED REHEARING GRANTED; ORIGINAL OPINION AFFIRMED; MOTION TO SUPPLEMENT DENIED DECEMBER 1, 2021 SCJ JFM EAL

We grant Land Coast Insulation, Inc.’s (“Land Coast”) application for

rehearing for the limited purpose of addressing its argument that it furnished a full

record on appeal for this Court’s consideration.

Following this Court’s September 24, 2021 decision, Land Coast filed an

application for rehearing, seeking reconsideration of our decision. Land Coast

based its application on two assertions: (1) the trial court’s judgment states the

decision was based on “exceptions, memoranda, and oral arguments of counsel;”

and (2) on April 1, 2021, Land Coast filed with this court a “Motion to Supplement

Record on Behalf of Appellant” and attached the November 13, 2020 transcript.

Land Coast attempted to supplement the record, however, the motion to

supplement was not addressed by this Court in its September 24, 2021 opinion.

Land Coast’s April 1, 2021 motion to supplement the record included an

attachment. The Clerk of Court rejected the motion to supplement the record for

failure to comply with Rule 25 of the Court of Appeal, Fourth Circuit Local Rules.

1 Further, counsel for Land Coast received an email informing of the reason for the

rejection of the motion. The record does not provide that Land Coast attempted to

timely comply with the local rule after receiving notice from the Clerk of Court of

the motion’s rejection.

Pursuant to Rule 25 of the Court of Appeal, Fourth Circuit Local Rules “[a]

party filing a Motion for Leave to Supplement may not attach the supplemental

document(s) to the e-filed motion. Within twenty-four hours of the Court granting

such motion, the party must separately deliver, by e-filing or by hand, the

supplemental document(s).”

On rehearing, we find that Land Coast failed to comply with Rule 25. The

November 13, 2020 transcript was attached to Land Coast’s motion to supplement

the record. In light of Land Coast’s failure to comply with the local rule and failure

to timely re-file its motion in compliance with the local rule, we find that Land

Coast did not furnish a full record for this Court’s consideration.

Subsequent to this Court issuing its September 24, 2021 opinion, Land Coast

filed another motion to supplement the record on October 8, 2021. Pursuant to

Uniform Rules, Court of Appeal, Rule 2-7.4, “[t]he court may summarily dismiss

untimely or improperly filed motions and pleadings.” Land Coast’s motion to

supplement is untimely. Therefore, the October 8, 2021 motion to supplement is

denied.

For these reasons, we grant a limited rehearing, affirm our original opinion,

and deny the October 8, 2021 motion to supplement the record.

2 LIMITED REHEARING GRANTED; ORIGINAL OPINION AFFIRMED; MOTION TO SUPPLEMENT DENIED