Opinion
NO. 2018 CW 0159
06-04-2018
BOYD LOUISIANA RACING, INC. v. CYNTHIA BRIDGES, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA CONSOLIDATED WITH BOYD GAMING CORPORATION v. CYNTHIA BRIDGES, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA CONSOLIDATED WITH BOYD KENNER, INC. v. CYNTHIA BRIDGES, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA
In Re: Cynthia Bridges, Secretary, Department of Revenue and Taxation, State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Nos. 539824 c/w 548765 c/w 548766. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT GRANTED WITH ORDER. To the extent that the August 9, 2016 judgment, which granted the plaintiffs' Motion for Partial Summary Judgment and certified the judgment as final pursuant to La. Code Civ. P. art. 1915(B), has not been vacated or properly amended, the October 3, 2016 Motion for Suspensive Appeal filed by relator which sought an appeal of the August 9, 2016 judgment was timely. To the extent that the November 18, 2016 judgment was properly issued and superseded and/or replaced the August 9, 2016 judgment, the October 3, 2016 Motion for Suspensive Appeal was prematurely filed. The prematurity defect in the October 3, 2016 Motion for Suspensive Appeal and signed order granting the appeal on October 12, 2016 was cured upon the trial court's entry of the November 18, 2016 judgement. See Overmier v. Traylor, 475 So.2d 1094 (La. 1985) (per curiam).
Accordingly, the trial court's January 9, 2018 ruling and the January 29, 2018 order denying to relator, Cynthia Bridges, Secretary, Department of Revenue and Taxation, State of Louisiana, a suspensive appeal from the August 9, 2016 or the November 18, 2016 judgment is hereby reversed. This matter is remanded to the trial court with instructions to enter an order of appeal from the August 9, 2016 judgment and the November 18, 2016 judgment, and set a return date. A copy of this court's order is to be included in the appellate record.
JEW
TMH
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT