STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT CARLA JENKINS NO. 2019 CW 0985 VERSUS

IISHA JOHNSON JULY 29, 2019

In Re: Iisha Johnson, applying for supervisory writs, Bogalusa City Court, Parish of Washington, No. 61167- 19.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

STAY DENIED; WRIT GRANTED WITH ORDER. The trial court' s Notice of Estimated Costs for Appeal" is vacated. The trial court granted pauper status to defendant, Iisha Johnson, and accordingly, she is not required to prepay the costs listed for transcript of hearing, certified copies of transcript and copy of file, totaling $ 460. 00. See La. Code Civ. P. art. 5185( A)( 1). Furthermore, we find the trial court abused its discretion in setting the suspensive appeal bond in the amount of $ 6, 000. 00. An alternative in such cases in the setting of such bonds is to require the appealing party to pay her rent into the registry of the court each month as it becomes due, and we find that this alternative would be reasonable herein.

Accordingly, we remand this matter with instructions to the trial court to set the suspensive appeal bond in this manner.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

D MT& CLERK OF COURT FOR THE COURT