DANIELLE MCDEVITT NO. 22-C-442 VERSUS FIFTH CIRCUIT MICHAEL SALISBURY COURT OF APPEAL STATE OF LOUISIANA

September 20, 2022 Susan Buchholz Chief Deputy Clerk

IN RE DANIELLE MCDEVITT APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NANCY A. MILLER, DIVISION "I", NUMBER 776-634

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and John J. Molaison, Jr.

WRIT GRANTED Based upon our review of the application presented, we find that the motion to recuse at issue was timely filed setting forth alleged recent acts of bias by the trial court which fall within the time limitation of La. C.C.P. art. 154(A). Thus, we find that the trial judge erred in denying the motion to recuse as untimely.

Accordingly, we grant the relator’s writ, vacate the trial court’s ruling, and remand the matter for the trial court to either consider the merits of the relator’s motion to recuse and render a judgment in compliance with La. C.C.P. art. 154 or to make a written request to the supreme court for the appointment of an ad hoc judge as provided in La. C.C.P. arts. 154 and 155. In all other respects, relief is denied.

Gretna, Louisiana, this 20th day of September, 2022.

JJM SMC FHW

22-C-442 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER INTERIM CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON LINDA M. WISEMAN 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 09/20/2022 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:

22-C-442 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Nancy A. Miller (DISTRICT JUDGE) Shaye R. Lirette (Relator) MAILED Michael Salisbury (Respondent) In Proper Person Emma Street Binghamton, NY 13905 • Complete Items 1, 2, and 3. • Print your name and addr9ss on the reverse so that we can return the card to you. • Attach this card to the ~~the maHpleoe, or on the front If space permits.

1. Article Addressed to: o. Is dellvely address clllfarent tcm Hem 1?

If Y~. enter delivery addrasa below: Michael Salisbury , In Proper Person - Enuna Street - Binghamton, NY 13905 22-C-442 09-20-22

lllllllll llll 111111111111111111111111111111111 ie~o.My g~~ 9590 9402 2434 6249 3639 49 0Celtlft9dMallR118111ct9do.My _ _ _ _ _ _ _ _ _ _ __....._ _-"" 0 Collect on Oell'l9ly IHQUnReoelptfor Men:lllwldl8e • A...._._ Number m"ransfrlrfrom service,.......,. rv """' _,, Collec:tont>elfveryR'8111cted Dellvery 0 SlgnatureCOnflrmatlon""' - . Ill D Signature Confirmation 701b 2070 oaaa a954 6984 ~Restrlcl9d0ellvery Rastrlct9d0eltvery ·\ PS Form 3811, July 2015 PSN 7530-02-ooo-9053 Domestic Return Receipt I