Beach v. Vill. of Folsom

Full title: JAMES BEACH v. VILLAGE OF FOLSOM

Court: STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT

Date published: Jun 4, 2018

NO. 2017 CA 1599 (La. Ct. App. Jun. 4, 2018)

Opinion

NO. 2017 CA 1599

06-04-2018

JAMES BEACH v. VILLAGE OF FOLSOM

VINCENT F. WYNNE, JR. SHANNON K. LOWRY COVINGTON, LA ATTORNEYS FOR PLAINTIFF-APPELLEE JAMES BEACH DELBERT G. TALLEY ROY K. BURNS, JR. COVINGTON, LA ATTORNEY FOR DEFENDANT/THIRD-PARTY PLAINTIFF-APPELLANT VILLAGE OF FOLSOM SHERI M. MORRIS BENJAMIN A. HUXEN II BATON ROUGE, LA ATTORNEYS FOR THIRD-PARTY DEFENDANT-APPELLEE MUNICIPAL POLICE EMPLOYEES' RETIREMENT SYSTEM

PETTIGREW, J.

NOT DESIGNATED FOR PUBLICATION Appealed from the 22^nd Judicial District Court in and for the Parish of St. Tammany, Louisiana
Trial Court No. 2016-10664
Honorable Richard Swartz, Judge VINCENT F. WYNNE, JR.
SHANNON K. LOWRY
COVINGTON, LA ATTORNEYS FOR
PLAINTIFF-APPELLEE
JAMES BEACH DELBERT G. TALLEY
ROY K. BURNS, JR.
COVINGTON, LA ATTORNEY FOR
DEFENDANT/THIRD-PARTY
PLAINTIFF-APPELLANT
VILLAGE OF FOLSOM SHERI M. MORRIS
BENJAMIN A. HUXEN II
BATON ROUGE, LA ATTORNEYS FOR
THIRD-PARTY DEFENDANT-APPELLEE
MUNICIPAL POLICE EMPLOYEES'
RETIREMENT SYSTEM BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ. PETTIGREW, J.

This is a suit for damages stemming from misrepresentations allegedly made concerning the plaintiff's mandatory membership in, and continued receipt of retirement benefits from, the Municipal Police Employees' Retirement System ("MPERS") following his reemployment as a full-time patrol officer. The Village of Folsom ("the Village") filed a third party demand against MPERS, seeking indemnification and damages, if applicable.

Following summary judgment in favor of MPERS, dismissing all claims by plaintiff and the Village against MPERS, the Village appealed. No appeal was filed by the plaintiff, and no answer to the appeal was filed. Oral arguments were requested by the Village in this matter. However, while the matter was still pending before this court, the Village filed a motion to dismiss its appeal with prejudice. In accordance with the appellant's request, since the interests of no other party to the appeal are adversely affected, we hereby grant the Village's motion to dismiss its own appeal in accordance with Uniform Rules, Courts of Appeal, Rule 2-8.4. See N. Fork Corp. v. Avoyelles Par. Police Jury, 189 So.2d 741 (La.App. 3 Cir. 1966).

DECREE

For the foregoing reasons, the appeal is dismissed. All appeal costs in the amount of $1,482.12 are to be borne by the Village of Folsom.

APPEAL DISMISSED.