Opinion
NO. 2013 CW 0952
08-15-2013
STATE OF LOUISIANA v. QUENTIN R. SAMPSON
In Re: Quentin R. Sampson, applying for supervisory writs,
22nd Judicial District Court, Parish of Washington,
No. 10-CR8-109908.
BEFORE: WHIPPLE, C.J., PARRO AND WELCH, JJ.
WRIT DENIED. Expungement matters are reviewed by this court under its civil appellate jurisdiction. See State v. Tillman, 42, 688 (La. App. 2d Cir. 11/14/07), 969 So.2d 824. The district court's ruling of April 15, 2013, denying relator's motion to expunge will be an appealable, civil judgment once a written judgment is signed by the trial judge dismissing petitioner's claims and containing proper decretal language identifying (a) the party in whose favor the judgment is rendered, (b) the party against whom the judgment is rendered, and (c) the relief granted or denied. La. Code Civ. P. art. 1918. See Carter v. Williamson Eye Center, 2001-2016 (La. App. 1st Cir. 11/27/02), 837 So.2d 43. See also Johnson v. Mount Pilgrim Baptist Church, 2005-0337 (La. App. 1st Cir. 3/24/06), 934 So.2d 66. The signed written judgment included in this writ application does not contain proper decretal language. Once an appealable judgment is signed in this matter, an appeal 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 Louisiana Code of Civil Procedure Article 2087. Filing documents directly with this Court does not suspend the running of the appeal delays. La. Code Civ. P. art. 2121. See 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.
VGW
RHP
JEW
COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT