JEFF MERCER, LLC * NO. 2020-CA-0631 VERSUS * COURT OF APPEAL STATE OF LOUISIANA, * THROUGH THE FOURTH CIRCUIT DEPARTMENT OF * TRANSPORTATION AND STATE OF LOUISIANA DEVELOPMENT, WILLIS ******* JENKINS, JOHN H. EASON AND PAM HIGGINBOTHAM

APPEAL FROM 4TH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA NO. 2007-3151, “DIVISON C” Honorable Wilson Rambo, Judge ****** Judge Rosemary Ledet ****** (Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Rosemary Ledet) David P. Doughty John B. Hoychick COTTON, BOLTON, HOYCHICK & DOUGHTY, LLP Madeline Street P. O. BOX 857 Rayville, LA 71269 COUNSEL FOR PLAINTIFF/APPELLEE Michael H. Rubin, Appeal Counsel and Special Assistant Attorney General Juston O'Brien, Special Assistant Attorney General MCGLINCHEY STAFFORD, PLLC Main Street, 14th Floor Baton Rouge, LA 70801 John B. Saye, Special Assistant Attorney General HAYES, HARKEY, SMITH, & CASIO, LLP 1500 N. 19th St., Suite #701 Monroe, LA 71201 COUNSEL FOR DEFENDANT/APPELLANT APPEAL DISMISSED May 19, 2021 The State of Louisiana, through the Department of Transportation and RML Development, Willis Jenkins, John Eason, and Pam Higginbotham (collectively TFL “DOTD”) filed this appeal seeking review of the trial court’s August 7, 2020 JCL judgment. The same August 7, 2020 judgment previously was considered by this court on DOTD’s application for supervisory writ. (Fourth Circuit Court of Appeal No. 2020-C-0488). On November 5, 2020, this court denied DOTD’s writ application. From this court’s ruling denying its writ, DOTD filed a writ application with the Louisiana Supreme Court. (Louisiana Supreme Court No. 2020-CC-1386). This court issued an order on February 15, 2021, continuing without date DOTD’s appeal pending the Supreme Court’s issuance of its decision on DOTD’s writ application.

On May 11, 2021, the Louisiana Supreme Court issued a final decision on DOTD’s writ application. See La. C.C.P. art. 2167(C) (providing that “[w]hen an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied”). As a result of the Supreme Court’s decision, the plaintiff’s suit against the DOTD has been

dismissed with prejudice. Accordingly, DOTD’s appeal in this matter is dismissed as moot.

APPEAL DISMISSED