Opinion
No. 2014 CW 0418
05-05-2014
GERALD BRAXTON v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Gerald Braxton, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 626,912.
BEFORE: PETTIGREW, McDONALD, AND McCLENDON, JJ.
WRIT DENIED. The district court's April 23, 2014 judgment dismissing the plaintiff's suit without prejudice is a final, appealable judgment. La. Code Civ. P, art. 1841. An appeal of a final judgment can be taken by filing a motion for appeal, along with an order for the judge's signature showing the return date of the appeal, with the district court within the time delays set out in La. Code Civ. P. art. 2087. Filing documents directly with this Court does not suspend the running of the appeal delays. See La. Code Civ. P. art. 2121; Strickland v. Layrisson, 96-1280 (La. App. 1st Cir. 6/20/97), 696 So.2d 621, writ denied, 97-1940 (La. 11/14/97), 704 So.2d 228.
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COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT