Louisiana Court of Appeal, 2022

State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit Versus Kiesha Moreira

State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit Versus Kiesha Moreira
Louisiana Court of Appeal · Decided January 12, 2022 · E. Adrian Adams

State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit Versus Kiesha Moreira

Opinion

STATE OF LOUISIANA, DIVISION OF NO. 21-C-711 ADMINISTRATION, OFFICE OF COMMUNITY FIFTH CIRCUIT DEVELOPMENT-DISASTER RECOVERY UNIT COURT OF APPEAL VERSUS STATE OF LOUISIANA KIESHA MOREIRA

January 12, 2022 Susan Buchholz First Deputy Clerk

IN RE KIESHA MOREIRA APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE E. ADRIAN ADAMS, DIVISION "G", NUMBER 801-417

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, Marc E. Johnson, Robert A. Chaisson, Stephen J. Windhorst, Hans J. Liljeberg, and John J. Molaison, Jr.

WRIT GRANTED FOR LIMITED PURPOSE Relator Keisha Moreira seeks supervisory review of the trial court’s judgment denying her peremptory exception of peremption. The writ application indicates that at the same hearing, the trial court also considered and granted plaintiff’s motion for summary judgment which fully determined the merits of the action. The judgment for which relator seeks supervisory review is an interlocutory judgment reviewable as part of an appeal of the judgment granting plaintiff’s motion for summary judgment, which judgment on plaintiff’s motion for summary judgment is a final, appealable judgment pursuant to La. C.C.P. art. 1841. As such, under the particular procedural posture of this case, relator’s proper remedy is an appeal, not an application for supervisory writs.

21-C-711 We therefore grant this writ application for the limited purpose of remanding the matter to the trial court with instructions to construe relator’s notice of intent as a timely motion for appeal.

Gretna, Louisiana, this 12th day of January, 2022.

RAC SMC JGG MEJ SJW HJL JJM

SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST FIRST DEPUTY CLERK HANS J. LILJEBERG JOHN J. MOLAISON, JR. FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 01/12/2022 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

21-C-711 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable E. Adrian Adams (DISTRICT JUDGE) Christopher H. Szeto (Relator) Mary C. Cali (Respondent) Ian Dunbar (Relator) Caroline M. Tomeny (Respondent) William J. Wilson (Respondent) MAILED John C. Walsh (Respondent) John C. Conine, Jr. (Respondent) Attorney at Law Post Office Drawer 4425 Baton Rouge, LA 70821

Case-law data current through December 31, 2025. Source: CourtListener bulk data.