Jeff Mercer, LLC v. State of Louisiana, Through the Department of Transportation and Development, Willis Jenkins, John H. Eason and Pam Higginbotham

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

607 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

301 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