Travis Pickett v. Lauren Engineers & Construction, Inc.

• Court: Louisiana Court of Appeal
• Decided: March 31, 2022
• Docket: 2021CA0744
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2021 CA 0744

TRAVIS PICKETT

VERSUS

LAUREN ENGINEERS & CONSTRUCTION, INC.

DATE OF JUDGMENT.• MAR 312022

ON APPEAL FROM THE WORKERS COMPENSATION ADMINISTRATION, HOUMA, DISTRICT 9, STATE OF LOUISIANA NUMBER 1702749

HONORABLE ELIZABETH LANIER, JUDGE

Rusty J. Savoie Counsel for Plaintiff A - ppellant Covington, Louisiana Travis Pickett

Elizabeth A. Liuzza Counsel for Defendant -Appellee Metairie, Louisiana Lauren Engineers & Constructors

Jade C. McKeough Metairie, Louisiana

BEFORE: GUIDRY, HOLDRIDGE, AND CH-UTZ, JJ.

Disposition: APPEAL DISMISSED. CHUTZ, J.

Claimant -appellant, Travis Pickett, appealed the dismissal of his claim by the Office of Workers' Compensation ( OWC), when it denied his motion to vacate

an earlier judgment rendered by the OWC in favor of his former employer,

defendant -appellee, Lauren Engineers & Constructors ( Lauren),' which had

sustained a peremptory exception raising the objection of prescription and

dismissed his claims for workers' compensation benefits.

While the matter was pending before this court, the parties filed a joint

motion to dismiss the appeal with prejudice, advising that the parties have reached

an amicable resolution of this matter, and the settlement was approved by the

OWC on March 7, 2022. Because the underlying dispute has been resolved, we

hereby grant the motion to dismiss the appeal in accordance with La. Uniform

Rules, Courts of Appeal, Rule 2- 16. 2( A)(3). See Louisiana Homebuilders Ass' n-

SIF v. Doctors Hosp. of Slidell, LLC, 2017- 1421 ( La. App. 1st Cir. 4/ 6/ 18), 248

So. 3d 572, 573; see also Baxter v. Scott, 03- 2013 ( La. 11/ 14/ 03), 860 So.2d 535

per curiam) ( a court of appeal errs in rendering an opinion on the merits without

acting on a motion to dismiss filed while the matter is pending).

APPEAL DISMISSED.

Although Lauren is identified as " Engineers & Construction, Inc." in the original claim and at various other times in the record, in accordance with its OWC pleadings filed into the record, we refer to defendant as " Lauren Engineers & Constructors."