State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit v. Michelle Stewart and Raymond Alcindor

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA, DIVISION NO. 2021 CW 1372 OF ADMINISTRATION, OFFICE OF

COMMUNITY DEVELOPMENT - DISASTER RECOVERY UNIT

VERSUS

MICHELLE STEWART AND RAYMOND FEBRUARY 14, 2022 ALCINDOR A/ K/ A RAYMOND MARC STEWART

In Re: Michelle Stewart and Raymond Alcindor, applying for

supervisory writs, 22nd Judicial District Court,

Parish of St. Tammany, No. 2020- 10220.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED WITH ORDER. The district court' s September

17, 2021 judgment granting the motion for summary judgment filed State Louisiana, Division of Administration, by plaintiff, of

Office of Community Development - Disaster Recovery Unit, and

rendering judgment in favor of plaintiff, and against

defendants, Michelle Stewart and Raymond Alcindor a/ k/ a Raymond

Marc Stewart, in the amount of $ 30, 000. 00, together with legal

interest from the date of judicial demand, January 15, 2020, until paid, attorney' s fees in the amount of $ 750. 00, and court

costs, is a final, appealable judgment. See La. Code Civ. P.

arts. 1841 & 2083( A). An appellant is entitled to seek review

of all adverse interlocutory rulings in an unrestricted appeal

from a final judgment. See Landry v. Leonard J. Chabert Med. Ctr., 2002- 1559 ( La. App. 1st Cir. 5/ 14/ 03), 858 So. 2d 454, 461

n. 4, writs denied, 2003- 1748, 2003- 1752 ( La. 10/ 17/ 03), 855 So. 2d 761. Accordingly, the writ application is granted for the

limited purpose of remanding the case to the district court with instructions to grant an appeal to defendants pursuant to the notice of intent to seek supervisory writs. See In re Howard, 541 So. 2d 195, 196 ( La. 1989) ( per curiam). In the event

defendants seek to appeal the district court' s judgment, they shall submit a new order for appeal to the district court within thirty days of this order. Additionally, a copy of this court' s order is to be included in the appellate record.

M

Theriot, J., dissents and would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT