Shondrell Perrilloux a Quality Touch Commerical Builders LLC Versus Jefferson Parish by and Through Its Community Development Department and New Orleans Education League for the Construction Industry (Noel) ( 2023 )
Menu:
- SHONDRELL PERRILLOUX A QUALITY NO. 23-C-485 TOUCH COMMERICAL BUILDERS LLC FIFTH CIRCUIT VERSUS COURT OF APPEAL JEFFERSON PARISH BY AND THROUGH ITS COMMUNITY DEVELOPMENT DEPARTMENT STATE OF LOUISIANA AND NEW ORLEANS EDUCATION LEAGUE FOR THE CONSTRUCTION INDUSTRY (NOEL) October 16, 2023 Linda Wiseman First Deputy Clerk IN RE SHONDRELL PERRILLOUX APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JOSEPH A. MARINO, III, DIVISION "D", NUMBER 828-544 Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Robert A. Chaisson WRIT GRANTED FOR LIMITED PURPOSE Relators, Shondrell Perrilloux and A Quality Touch Commercial Builders LLC, seek this Court’s supervisory review of a judgment dated September 12, 2023 which granted a Joint Motion to Dismiss with Prejudice filed by defendants, the Parish of Jefferson and New Orleans Education League for the Construction Industry, dismissing with prejudice all claims and causes of action asserted in the Petition for Writ of Mandamus and/or Injunctive Relief filed by plaintiffs, Shondrell Perrilloux and A Quality Touch Commercial Builders LLC. Upon review, we find that the September 12, 2023 judgment is a final judgment, as per La. C.C.P. art. 1841, which provides, in pertinent part, that “[a] judgment that determines the merits in whole or in part is a final judgment,” and thus is reviewable under this Court’s appellate jurisdiction, rather than its supervisory jurisdiction. Accordingly, under the circumstances presented, the writ application is granted for the limited purpose of remanding the matter to the district court for it to consider relators’ “Notice of Intent to File Writ,” filed in the district court on September 19, 2023, as a timely filed motion for an appeal. Gretna, Louisiana, this 16th day of October, 2023. JGG MEJ RAC 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 ROBERT A. CHAISSON LINDA M. WISEMAN STEPHEN J. WINDHORST FIRST DEPUTY CLERK JOHN J. MOLAISON, JR. SCOTT U. SCHLEGEL 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 10/16/2023 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: 23-C-485 E-NOTIFIED 24th Judicial District Court (Clerk) Hon. Joseph A. Marino, III (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED Deidre K. Peterson (Respondent) Shondrell Perrilloux (Relator) Kevin J. Katner (Respondent) Attorney at Law In Proper Person Attorney at Law 102 Brunswick Court 1118 Main Street 4902 Canal Street New Orleans, LA 70131 LaPlace, LA 70068 Suite 201 New Orleans, LA 70119 W. Reed Smith (Respondent) Assistant Parish Attorney Parish of Jefferson 1221 Elmwood Park Boulevard Suite 701 Jefferson, LA 70123 SENDER· COMP/ E; ff rHtS SECTION • Complete Items 1, 2, and 3. • Print your name and ackhss on the reverse so that we can retum the card to you. • Attach this card to the back of the~. or on the front If space pennits. 1. Article Add1911$8d to: Kevin J. Katner Attorn~J at Law 490~ C.;nal Street Suik 20J New O dcans, LA 70 I I 9 23-C-48:5 10-16-23 II lllllll llll lllllllIIII Illll II III ll llllIll Ill 9590 9402 2434 6249 3571 53 ' PS Fonn 3811, July 2015 PSN 7530-02-000-9053
Document Info
Docket Number: 23-C-485
Judges: Joseph A. Marino
Filed Date: 10/16/2023
Precedential Status: Precedential
Modified Date: 10/21/2024