Willie J. Zeno, Sr. v. Flowers Baking Company

• Court: Louisiana Court of Appeal
• Decided: November 18, 2015
• Docket: WCM-0015-0951
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

15-951

WILLIE J. ZENO, SR.

VERSUS

FLOWERS BAKING COMPANY

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APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION - # 4 PARISH OF LAFAYETTE, NO. 91-03361 SAM L. LOWERY, WORKERS’ COMPENSATION JUDGE

JIMMIE C. PETERS

JUDGE

Court composed of Sylvia R. Cooks, Jimmie C. Peters, and James T. Genovese, Judges.

MOTION DISMISSED.

Willie J. Zeno, Sr. In Proper Person 133 Ambroise St. Lafayette, LA 70501 (337) 591-9411 Charles J. Foret Briney & Foret Post Office Drawer 51367 Lafayette, LA 70505 (337) 237-4070 COUNSEL FOR DEFENDANT/APPELLEE: Flowers Baking Company PETERS, Judge.

Willie Zeno filed a pro se pleading in this court entitled Motion to Vacate

Judgment, and attached a memorandum to that motion. For the reasons assigned,

we dismiss the motion.

Although the precise relief sought by Mr. Zeno in his motion is not clear, it

is clear that Mr. Zeno’s workers’ compensation matter is at the heart of his motion

now before us. His workers’ compensation matter has been before this court in a

prior appeal wherein we affirmed the trial court’s dismissal of his claims against

the defendant through the grant of exceptions of prescription and res judicata.

Zeno v. Flowers Banking Co., 10-1413 (La.App. 3 Cir. 4/6/11), 62 So.3d 303, writs

denied, 11-1234 (La. 9/23/11), 69 So.3d 1161; 12-196 (La. 3/30/12), 85 So.3d 118;

13-719 (La. 5/17/13), 118 So.3d 377. In that appeal, Mr. Zeno had asserted that a

prior judgment denying his workers’ compensation claim against Flowers Baking

Company had been fraudulently rendered because it referenced a March 20, 1992

hearing he was supposed to have attended. He asserted that not only did he believe

the hearing did not occur on that date, but he had proof that he was at medical

appointments in a different city on that date. Reviewing the workers’

compensation judge’s ruling on the record provided, this court concluded that the

record provided no basis for reversing that ruling.

In the instant motion filed in this court, Mr. Zeno asserts that his efforts to

obtain a copy of the minutes and transcript of the March 20, 1992 hearing have

been denied; and in the conclusion of his memorandum filed in support of the

motion, Mr. Zeno writes, “Claimant requests that this court grant the Motion to

Vacate judgment and order a new trial.” Mr. Zeno has attached no ruling from the workers’ compensation judge on

the issues raised in his motion to vacate the prior judgment; and this court has no

record because Mr. Zeno’s motion was not filed in connection with any appeal, and

he has not filed a properly documented writ application with this court seeking

review of any ruling of the workers’ compensation judge. Without a record

containing a ruling on which to base an opinion, this court cannot consider his

request for relief based on nothing more than the motion. That being the case, we

hereby dismiss the motion.