Opinion
2023 CA 0654
06-26-2024
AMANDA JONES v. CITIZENS FOR A NEW LOUISIANA, MICHAEL LUNSFORD, AND RYAN THAMES
21st Judicial District Court Case #: 175021 Livingston Parish
On Application for Rehearing filed on 02/08/2024 by Amanda Jones Rehearing denied.
Page McClendon, Chris Hester, Steven M. Miller, J.
MILLER, J., denies rehearing. Without changing my position as set forth in my dissent, but for the sake of judicial economy, I vote to deny rehearing.
McClendon, J., dissenting on denial for rehearing.
I would have granted Ms. Jones's application for rehearing for the limited and sole purpose of clarifying our decision regarding the finality of the trial court's October 11, 2022 judgment, which granted the special motions to strike and dismissed with prejudice Ms. Jones's claims against the defendants. In said judgment, the court set a hearing date to determine "an award of reasonable attorney fees pursuant to [LSA-C.C.P. art.] 971(B)." As noted in our original opinion, LSA-C.C.P. art. 971(B) directs that "a prevailing party on a special motion to strike shall be awarded reasonable attorney fees and costs." It is clear from the judgment that the hearing set by the trial court was merely to set the amount of attorney fees, having already determined that an award of attorney fees was mandated. Therefore, the only issue remaining, after rendition of the October 11, 2022 judgment, was the amount of the attorney fees and costs. Given that the trial court retains jurisdiction to "[s]et and tax costs ... and attorney fees" under LSA-C.C.P. art. 2088(A)(10), the October 11, 2022 judgment was a final judgment for purposes of appeal.