Nestor I, LLC Versus Jamie Labranche ( 2021 )

NESTOR I, LLC NO. 21-C-128
VERSUS FIFTH CIRCUIT
JAMIE LABRANCHE COURT OF APPEAL
STATE OF LOUISIANA
March 22, 2021
Susan Buchholz
First Deputy Clerk
IN RE JAMIE LABRANCHE
APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH
OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MADELINE
JASMINE, DIVISION "A", NUMBER 54-549
Panel composed of Judges Susan M. Chehardy,
Fredericka Homberg Wicker, and John J. Molaison, Jr.
WRIT GRANTED FOR A LIMITED PURPOSE
Jamie Labranche, the relator, seeks a writ of mandamus to compel the
district court to act upon his notice of intent to seek a supervisory writ filed on
February 8, 2021. However, the application is deficient under Uniform Rules,
Courts of Appeal, Rule 4-5, in that there are no copies of the judgment, order, or
ruling complained of, or the pertinent court minutes from the November 13, 2020
hearing, or the pleading on which the writ application was based. Relator also
failed to include a complete copy of his “Notice of Intent to Seek Supervisory
Writ.”
Every pleading is to be construed so as to do substantial justice. La. C.C.P.
art. 865. This Court previously dismissed the relator’s appeal and remanded this
case for the trial court to rule on the relator’s May 29, 2018 motion to annul the
reformed judgment. Liquidation Properties, Inc. v. Labanche, 19-277 (La. App. 5
Cir. 11/27/19), 283 So.3d 659. Therefore, if there are currently outstanding
motions or an unsigned order setting the delay for filing a writ application related
to the November 13, 2020 hearing, the trial court is ordered to act upon the
motion(s) and/or set appropriate delays for seeking a supervisory writ within
fifteen days and to provide documentation to this Court. In all other respects, the
relator’s writ is denied.
Gretna, Louisiana, this 22nd day of March, 2021.
JJM
SMC
FHW
21-C-128
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 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 03/22/2021 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-128
E-NOTIFIED
40th District Court (Clerk)
Honorable Madeline Jasmine (DISTRICT JUDGE)
Ashley E. Morris (Respondent)
MAILED
John C. Morris, IV (Respondent) Jamie Labranche, I.P.P. (Relator)
Attorney at Law 2173 Carmel Valley Drive
1505 North 19th Street LaPlace, LA 70068
Monroe, LA 71201