STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT THREE RIVERS COMMONS OWNERS' NO. 2023 CW 1172 ASSOCIATION, INC.

VERSUS

DONNA GRODNER, ET AL FEBRUARY 14, 2024

In Re: Donna Grodner, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 171319.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED WITH ORDER. On October 12, 2023, this court

issued an action granting in part a prior writ application filed by relator herein, Donna Grodner, and reversing the portion of the trial court' s August 14, 2023 judgment that denied Ms. Grodner' s motion to designate the record on appeal. This court further ordered the trial court clerk of court' s office " to prepare the appeal record in accordance with Local Rule 5 of the Louisiana Court of Appeal, First Circuit, and to include any additional document s ' designated in Ms. Grodner' s ' Motion to Designate Record' that are not specifically described in Local Rule S." See Three Rivers Commons Owners' Ass' n, Inc. v. Grodner, 2023- 0879 ( La. App. 1st Cir. 10/ 12/ 23) 2023 WL 6634106 unpublished). Despite this court' s October 12, 2023 writ action, on October 16, 2023, the trial court granted a motion to dismiss Ms. Grodner' s appeal for failure to pay the estimated costs of appeal that were sent to Ms. Grodner on August 7, 2023.

Accordingly, we vacate the trial court' s October 16, 2023 judgment dismissing Ms. Grodner' s appeal. The trial court clerk of court' s office is hereby ordered to prepare a new estimate for the cost of preparation of the record for Ms. Grodner' s appeal in accordance with this court' s October 12, 2023 writ action.

PMC CHR SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT