Stanley Jordan v. John H. Gibson and City Hall Code Enforcement
This text of Stanley Jordan v. John H. Gibson and City Hall Code Enforcement (Stanley Jordan v. John H. Gibson and City Hall Code Enforcement) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STANLEY JORDAN * NO. 2021-CA-0473
VERSUS * COURT OF APPEAL JOHN H. GIBSON AND CITY * HALL CODE ENFORCEMENT FOURTH CIRCUIT * STATE OF LOUISIANA *******
APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2016-00186, DIVISION “J” Honorable D. Nicole Sheppard, ****** Judge Sandra Cabrina Jenkins ****** (Court composed of Judge Rosemary Ledet, Judge Sandra Cabrina Jenkins, Judge Regina Bartholomew-Woods)
LEDET, J., CONCURS IN THE RESULT
BARTHOLOMEW-WOODS, J., CONCURS IN THE RESULT
Stanley Jordan, Sr. 6072 Warrington Drive New Orleans, LA 70122
PRO SE PLAINTIFF/APPELLANT
Kimlin S. Lee Donesia D. Turner Churita H. Hansell Sunni J. LeBeouf Daniel T. Smith CITY ATTORNEY 1300 Perdido Street City Hall - Room 5E03 New Orleans, LA 70112
COUNSEL FOR DEFENDANT/APPELLEE
APPEAL DISMISSED DECEMBER 15, 2021 SCJ
This appeal arises from the demolition of appellant, Stanley Jordan’s house
in 2012. Mr. Jordan now appeals the trial court’s April 6, 2020 order dismissing his
suit for want of prosecution. For the reasons to follow, we dismiss the appeal as
untimely. PROCEDURAL BACKGROUND
In January 2016, Mr. Jordan filed suit against John H. Gibson and appellee,
City Hall Code Enforcement. In July and August 2016, defendants filed their
respective answers to the petition.
On March 17, 2020, the City of New Orleans filed an “Ex Parte Motion to
Dismiss for Want of Prosecution.” The City of New Orleans asserted no steps were
taken toward the prosecution or defense of the case since August 12, 2016. On
April 6, 2020, the trial court signed an order dismissing the suit. Mr. Jordan was
personally served with the trial court’s order on April 15, 2020.
On October 13, 2020, Mr. Jordan filed a motion to set trial. On January 4,
2021, the trial court scheduled a pre-trial conference for February 10, 2021. On
1 February 11, 2021, Mr. Jordan filed a petition for appeal of the trial court’s
dismissal of the suit.
Thereafter, on April 6, 2021, Mr. Jordan filed his second motion to set the
matter for trial. The trial court scheduled a status conference for May 21, 2021. On
June 7, 2021, Mr. Jordan filed another petition for appeal.
TIMELINESS OF APPEAL
It is well settled that a devolutive appeal may only be taken within sixty days
of either: (1) the expiration of the delay for applying for a new trial, if no
application has been filed timely, or (2) the date of the mailing of the notice of the
court's refusal to grant a timely filed application for a new trial or judgment
notwithstanding the verdict. La. C.C.P. art. 2087.
In the instant case, Mr. Jordan was served with the trial court’s order
dismissing the appeal on April 15, 2020. Mr. Jordan had seven days from that
date, exclusive of legal holidays, to file a motion for new trial. See La. C.C.P. art.
1974. In consideration that Mr. Jordan did not file a timely application for new
trial, he had sixty days from the expiration of the delay for applying for a new trial
to file his appeal. However, Mr. Jordan did not file a petition for appeal until
February 11, 2021, well past the time delay for filing a devolutive appeal.
Consequently, Mr. Jordan’s appeal is untimely and is hereby dismissed.
APPEAL DISMISSED
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