Opinion
NO. 22-CA-245
05-19-2023
State of Louisiana, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT - DISASTER RECOVERY UNIT v. Kiesha N. MOREIRA a/k/a Kiesha Noel Walker Moreira
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT-DISASTER RECOVERY UNIT ("OCD-DRU"), Mary C. Cali, John C. Walsh, Caroline M. Tomeny, William J. Wilson, John C. Conine, Jr. COUNSEL FOR DEFENDANT/APPELLANT, KIESHA MOREIRA, Christopher H. Szeto, Ian Dunbar
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT-DISASTER RECOVERY UNIT ("OCD-DRU"), Mary C. Cali, John C. Walsh, Caroline M. Tomeny, William J. Wilson, John C. Conine, Jr.
COUNSEL FOR DEFENDANT/APPELLANT, KIESHA MOREIRA, Christopher H. Szeto, Ian Dunbar
Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, Marc E. Johnson, Robert A. Chaisson, Stephen J. Windhorst, John J. Molaison, Jr., and Cornelius E. Regan, Pro Tempore
CHAISSON, J.
This appeal arises from an action brought by the State of Louisiana, Division of Administration, Office of Community Development – Disaster Recovery Unit ("OCD-DRU") against Kiesha N. Moreira seeking enforcement of a $30,000.00 stipulated damages provision of a Road Home Program Grant Elevation Incentive Agreement under which Ms. Moreira, whose home had been damaged by Hurricanes Katrina and Rita, received federal disaster relief funds in exchange for agreeing to elevate her home at or above base flood elevations published by FEMA.
BACKGROUND
On January 21, 2009, Ms. Moreira signed an Elevation Incentive Agreement with OCD-DRU Road Home Program representatives, wherein she received a grant of $30,000.00 in exchange for promises to elevate her home within three years and to make all repairs in conformity with the minimum standards set by the 2003 International Residential Building Code.
On November 13, 2019, OCD-DRU filed this suit for breach of contract against Ms. Moreira seeking $29,951.44 in stipulated damages, attorney's fees and costs, as well as "any sums ... which may be due by the Defendant pursuant to any other Grant, Incentive, or Mitigation Program..." for her alleged failure to demonstrate compliance with the work set forth in the Elevation Incentive Agreement. Subsequently, the State filed a motion for summary judgment against Ms. Moreira.
On November 5, 2021, following a hearing, the trial court rendered judgment granting the State's motion for summary judgment and ordering Ms. Moreira to pay $29,951.44, as well as legal interest and $1,500.00 in attorney's fees and all costs of the proceedings. Ms. Moreira filed an appeal from this judgment.
On May 3, 2023, the State filed a Motion and Order to Remand for Dismissal requesting that the judgment of the lower court be vacated and that the matter be remanded to the trial court "so that OCD-DRU may dismiss its suit against Defendant – Appellant KIESHA N. MOREIRA a/k/a KIESHA NOEL WALKER MOREIRA." The State attached to its motion a copy of the Motion and Order for Dismissal to be filed with the trial court, which states that this proceeding is to be dismissed with prejudice at the State's costs.
We take judicial notice of the fact that it has been widely reported by local media that the State, with the concurrence of the U.S. Department of Housing and Urban Development, has agreed to forego further legal actions and release 3,300 homeowners from their Road Home Program debt obligations.
In response, Ms. Moreira filed a Limited Opposition to the State's Motion raising concerns that the language in the State's motion did not expressly release Ms. Moreira from her obligations in the November 5, 2021 judgment. Ms. Moreira also correctly pointed out that "a motion to vacate is not a proper procedural mechanism and does not exist under Louisiana law."
On May 17, 2023, the State, in order to address Ms. Moreira's concerns, filed an Amended and Supplemental Motion and Order to Remand for Dismissal. The State attached to its amended motion a copy of a Motion for Dismissal to be filed with the trial court, which states that this proceeding is to be dismissed with prejudice at the State's costs, and further that the "Judgment rendered on November 5, 2021, is extinguished or otherwise satisfied and the obligation is therefore released." Additionally, the State did not request in its amended motion that the November 5, 2021 judgment be vacated by this Court.
On May 18, 2023, Ms. Moreira filed a letter with this Court indicating that she "consent[s] to the new amended motion and order to remand for dismissal filed by the Appellee in this matter."
DECREE
Accordingly, without consideration of the merits of this case, we hereby grant the State's Amended and Supplemental Motion and Order to Remand for Dismissal and dismiss this appeal and remand the foregoing matter to the trial court for the express purpose of Plaintiff-Appellee, State of Louisiana, Division of Administration, Office of Community Development – Disaster Recovery Unit, dismissing the suit filed against Defendant-Appellant, KIESHA N. MOREIRA a/k/a KIESHA NOEL WALKER MOREIRA, with prejudice and at its costs. All costs of these proceedings are assessed to Appellee.