LEONARD CHARLES, SR. AND NO. 24-C-362 JUDY CHARLES FIFTH CIRCUIT VERSUS COURT OF APPEAL TRENITA CHARLES BELL STATE OF LOUISIANA

August 19, 2024 Linda Wiseman First Deputy Clerk

IN RE TRENITA CHARLES BELL APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE FRANK A.

BRINDISI, DIVISION "E", NUMBER 832-980

Panel composed of Judges Marc E. Johnson, Scott U. Schlegel, and Timothy S. Marcel

WRIT DENIED Defendant, Trenita Charles Bell, seeks this Court’s supervisory review of the trial court’s July 17, 2024 judgment denying her motion to withdraw admissions pursuant to La. C.C.P. art. 1468.1 For the following reasons, defendant’s writ application is denied.

Defendant contends that on December 7, 2023, the trial court granted plaintiffs Leonard Charles, Jr. and Judy Charles’ motion to deem requests for admissions that they propounded to defendant as admitted. Defendant claims that she then filed the motion to withdraw the admissions ‒ the motion at issue in this writ application.

Rule 4-5(C)(6) requires an applicant to include a copy of the signed judgment with the writ application. In addition, Rule 4-5(C)(8) requires “a copy of each pleading on which the judgment, order, or ruling was founded, including the petition(s) in civil cases,” and Rule 4-5(C)(9) requires “a copy of any opposition La. C.C.P. art. 1468 provides: Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Article 1551 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under Articles 1466 and 1467 is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding. and any attachments thereto filed by a party in the trial court or a statement by the applicant that no opposing written document was filed.”

Defendant has failed to attach a copy of the following documents to her writ application: 1) the July 17, 2024 judgment; 2) the petition; 3) her motion to withdraw the admissions; 4) plaintiffs’ requests for admissions at issue; and 5) the opposition filed by plaintiffs or a statement explaining that no opposition was filed.

Without these documents, the application is incomplete and insufficient, and this Court is unable to properly consider defendant’s request for relief. Accordingly, this Court declines to exercise its supervisory jurisdiction and defendant’s writ application is denied.

Gretna, Louisiana, this 19th day of August, 2024.

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

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL 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 08/19/2024 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:

24-C-362 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Frank A. Brindisi (DISTRICT JUDGE) John J. Mason (Relator) MAILED Halima N. Smith (Respondent) Max J. Koeck, IV (Relator) Attorney at Law Attorney at Law 3201 General Degaulle Drive 4224 Florida Avenue Suite 201 Suite 6 New Orleans, LA 70114 Kenner, LA 70065