AIM414A

COURT OF APPEAL, FIRST CIRCUIT JUSTIN SAVOY NO. 2024 CW 0856

VERSUS

DR. RANDY LAVESPERE, DR. DANIEL CROOK, STATE OF LOUISIANA, THROUGH THE NOVEMBER 20, 2024 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

In Re: Justin Savoy, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 23359.

BEFORE: GUIDRY, C. J., THERIOT, CHUTZ, WOLFE AND HESTER, JJ.

WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The district court' s June 27, 2024 appellate pauper order is vacated.

Once the district court granted relator an appeal and set a return date, it no longer had jurisdiction to issue a subsequent pauper order. La. Code Civ. P. art. 2088; see Mason v. Hedrick, 2019- 113 La. App. 3d Cir. 4/ 17/ 19), 268 So. 3d 1074. This matter is remanded with instructions that the district court proceed with lodging the appellate record with this court pursuant to the district court' s order granting the appeal. To the extent plaintiff, Justin Savoy, seeks review of the merits in this matter, which this court has previously ruled should be taken up on appeal, the writ application is denied.

JMG WRC CHH

Theriot and Wolfe, Ji. dissent and would deny the writ application. Relator should have first sought review with the district court.

COURT OF APPEAL, FIRST CIRCUIT

DaJDPUTY FOR CLERK THE OF COURT COURT