People for the Ethical Treatment of Animals v. Board of Supervisors of Louisiana State University and Thomas C. Galligan, Individually and in his capacity as President of Louisiana State University

• Court: Louisiana Court of Appeal
• Decided: September 19, 2023
• Docket: 2022CA0977
• Status: Unknown

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

CW 2022 CA 0977

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS

VERSUS

BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND THOMAS GALLIGAN, INDIVIDUALLY AND IN HIS CAPACITY OF PRESIDENT OF LOUISIANA STATE UNIVERSITY

DATE OFjuDGmENT. SEP 19 2023

ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA NUMBER 702660, SECTION 25

HONORABLE WILSON E. FIELDS, JUDGE

Alysson L. Mills Counsel. for Plaintiff A - ppellee Kristen D. Amond People for the Ethical Treatment New Orleans, Louisiana of Animals

Winston G. DeCuir, Jr. Counsel for Defendant -Appellant Carlton " Trey" Jones, III Board of Supervisors of Louisiana Johanna A. Posada State University and Thomas C. Baton Rouge, Louisiana Galligan, Individually and in his Capacity as Former Interim President Sheri M. Morris of Louisiana State University Christina Berthelot Peck Katelin Hughes Varnado Evan P. Fontenot Baton Rouge, Louisiana

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

Disposition: APPEAL DISMISSED. RELIEF REQUESTED IN ANSWER DENIED. CHUTZ, J.

Defendants -appellants, Board of Supervisors of Louisiana State University

and Thomas C. Galligan, individually and in his capacity as an interim president of

Louisiana State University ( collectively LSU), appeal the trial court' s judgment,

ordering LSU to produce to plaintiff -appellee, People for the Ethical Treatment of

Animals ( PETA), records related to the use of birds in research at LSU that PETA

requested pursuant to the Louisiana Public Records Act.

Our review of the record shows that the trial court signed two judgments on

February 3, 2022, both of which LSU appealed but neither of which was final. In

accordance with our interim order, the trial court signed a final judgment on June

15, 2023, which was the subject of our review in the companion appeal. See People

for the Ethical Treatment of Animals v. Bd. of Supervisors of Louisiana State

Univ., 2022- 0976 ( La. App. 1st Cir. 09119123), --- So.3d ---- n. 2, also rendered this

day. Because we have disposed of all of LSU' s contentions in the companion case,

this appeal is moot. See Cat' s Meow, Inc. v City ofNew Orleans Through Dept

ofFinance, 98- 0601 ( La. 10120198), 720 So. 2d 1186, 1193 (" A case is ` moot' when

a rendered judgment or decree can serve no useful purpose and give no practical

relief or effect.").

PETA answered the lawsuit seeking attorney fees for defending the appeal.

See La. R.S. 44: 35( D)( 1).' We decline to make such an award in this appeal. See

People for the Ethical Treatment ofAnimals v. Bd. of Supervisors of Louisiana

State Univ., --- So. 3d at ---- n. 13.

1 La. R.S. 44: 35( D)( 1) provides:

If a person seeking the right to inspect, copy, or reproduce a record or to receive or obtain a copy or reproduction of a public record prevails in such suit, he shall be awarded reasonable attorney fees and other costs of litigation. If such person prevails in part, the court may in its discretion award him reasonable attorney fees or an appropriate portion thereof. For these reasons, we dismiss the appeal. In accordance with our assessment

of costs in People for the Ethical Treatment of Animals v. Bd. of Supervisors of

Louisiana State Univ., --- So. 3d at ----, appeal costs in the total amount of $7, 396.00

are assessed one- half against defendants -appellants, Board of Supervisors of

Louisiana State University and Thomas C. Galligan, individually and in his capacity

as an interim president of Louisiana State University and one- half against plaintiff -

appellee, People for the Ethical Treatment of Animals.

APPEAL DISMISSED. RELIEF REQUESTED IN ANSWER DENIED.

K