Heather Miley Cloud v. Tom Schedler in His Official Capacity as Secretary of State for the State of Louisiana, and Bert Keith Campbell

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 14-1223

HEATHER MILEY CLOUD VERSUS TOM SCHEDLER IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE FOR THE STATE OF LOUISIANA, AND BERT KEITH CAMPBELL

********** ON THIS COURT’S OWN MOTION FOR CORRECTION OF OPINION ********** APPEAL FROM THE THIRTEENTH JUDICIAL DISTRICT COURT PARISH OF EVANGELINE, NO. 75137-A HONORABLE JOEL GERARD DAVIS, DISTRICT JUDGE ********** ELIZABETH A. PICKETT JUDGE ********** Court composed of Marc T. Amy, Elizabeth A. Pickett, John E. Conery, Judges.

AMENDED AND CORRECTED.

Joffre Wendel Fusilier Attorney at Law Post Office Box 528 Ville Platte, LA 70586 (337) 363-6661 COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell Kenneth Ray Rush Attorney at Law Post Office Box 704 Oakdale, LA 71463 (318) 335-2759 COUNSEL FOR DEFENDANT/APPELLEE: Bert Keith Campbell Anne Elizabeth Watson Dupre & Watson N. Liberty St. Opelousas, LA 70570 (337) 942-9790 COUNSEL FOR PLAINTIFF/APPELLANT: Heather Miley Cloud Elbert Lee Guillory Attorney at Law E. Landry St. Opelousas, LA 70570 (337) 942-6328 COUNSEL FOR PLAINTIFF APPELLANT: Heather Miley Cloud Stephen D. Hawkland Attorney at Law Post Office Box 94125 Baton Rouge, LA 70804 (225) 287-7475 COUNSEL FOR DEFENDANT/APPELLEE: Secretary of State, State of La. PICKETT, Judge.

This court issued an opinion in this matter on November 21, 2014, and at the conclusion of the opinion, assessed costs for this matter against the appellees, the Secretary of State for the State of Louisiana and Bert Keith Campbell. However, the Secretary of State has objected to being assessed costs. Pursuant to La.R.S. 18: 1402(D), costs cannot be assessed against the Secretary of State in these election proceedings. While La.R.S. 18:1409(I) prohibits an application for new trial or rehearing in suits of this nature, this statute does permit this court, on its own motion, to amend its opinion to correct a legal error. Since the assessment of costs against the Secretary of State is specifically prohibited by statute, this portion of our opinion issued on November 21, 2014, was erroneous, and we hereby amend the opinion by reversing and setting aside the assessment of costs against the Secretary of State.

AMENDED AND CORRECTED.