State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit Versus Kiesha Moreira
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Opinion
STATE OF LOUISIANA, DIVISION OF NO. 21-C-711
ADMINISTRATION, OFFICE OF COMMUNITY FIFTH CIRCUIT
DEVELOPMENT-DISASTER RECOVERY UNIT COURT OF APPEAL
VERSUS STATE OF LOUISIANA
KIESHA MOREIRA
January 12, 2022
Susan Buchholz First Deputy Clerk
IN RE KIESHA MOREIRA
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 801-417
Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, Marc E. Johnson, Robert A. Chaisson, Stephen J. Windhorst, Hans J. Liljeberg, and John J. Molaison, Jr.
WRIT GRANTED FOR LIMITED PURPOSE
Relator Keisha Moreira seeks supervisory review of the trial court’s
judgment denying her peremptory exception of peremption. The writ application
indicates that at the same hearing, the trial court also considered and granted
plaintiff’s motion for summary judgment which fully determined the merits of the
action. The judgment for which relator seeks supervisory review is an
interlocutory judgment reviewable as part of an appeal of the judgment granting
plaintiff’s motion for summary judgment, which judgment on plaintiff’s motion for
summary judgment is a final, appealable judgment pursuant to La. C.C.P. art.
1841. As such, under the particular procedural posture of this case, relator’s
proper remedy is an appeal, not an application for supervisory writs.
21-C-711 We therefore grant this writ application for the limited purpose of remanding
the matter to the trial court with instructions to construe relator’s notice of intent as
a timely motion for appeal.
Gretna, Louisiana, this 12th day of January, 2022.
RAC SMC JGG MEJ SJW HJL JJM
2 SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 01/12/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:
21-C-711 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Christopher H. Szeto (Relator) Mary C. Cali (Respondent) Ian Dunbar (Relator) Caroline M. Tomeny (Respondent) William J. Wilson (Respondent)
MAILED John C. Walsh (Respondent) John C. Conine, Jr. (Respondent) Attorney at Law Post Office Drawer 4425 Baton Rouge, LA 70821
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