Mary Smith, individually and on behalf of concerned members of the Louisiana Association of the Deaf, Inc. v. Jimmy Gore and Jay Isch

• Court: Louisiana Court of Appeal
• Decided: August 17, 2022
• Docket: 2022CW0875
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MARY SMITH, INDIVIDUALLY AND NO. 2022 CW 0875 ON BEHALF OF CONCERNED MEMBERS OF THE LOUISIANA ASSOCIATION OF THE DEAF, INC.

VERSUS

LOUISIANA ASSOCIATION OF THE AUGUST 17, 2022 DEAF, INC.

In Re: Louisiana Association of the Deaf, Inc., for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 690808.

BEFORE: McDONALD, MCCLENDON, AND HOLDRIDGE, JJ.

STAY GRANTED; WRIT GRANTED WITH ORDER. The district court' s August 9, 2022 judgment grants mandamus and mandatory injunctive relief. Defendant, Louisiana Association of the Deaf, Inc., is entitled to seek a suspensive appeal therefrom. See Felix v. St. Paul Fire & Marine Ins. Co., 477 So. 2d 676, 681 La. 1985) and Deshotels v. White, 2016- 0889 ( La. 1st Cir. App. 8/ 16/ 17), 226 So. 3d 1211, writ denied, 2017- 1565 ( La. 12/ 5/ 17), 231 So. 3d 628. The district court is instructed to expeditiously grant defendant' s motion for suspensive appeal and set the security therefor in accordance with La. Code Civ. P. art. 2124. Enforcement of the district court' s August 9, 2022 judgment is stayed pending the grant of the motion for suspensive appeal and setting of the security.

PMC

GH

McDonald, J., concurs in part and dissents in part. I concur with the grant of the writ, but would not issue the stay.

COURT OF APPEAL, FIRST CIRCUIT

4 DEPUT

FOR C ERK THE OF COURT COURT