Opinion
NO. 2016 CW 1634
03-20-2017
CASSIE FELDER & ASSOCIATES, LLC v. AMY PATRICE FERGUSON
In Re: Amy Ferguson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 643142. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT GRANTED. The district court erred in granting Plaintiff's, Cassie Felder & Associates', Motion to Dismiss for Non-Payment of Appeal Costs without conducting a hearing specifically to address that motion in accordance with Louisiana Code of Civil Procedure article 2126(E). See Reed v. Columbia/HCA Information Service, Inc., 99-1315 (La. App. 5th Cir. 4/25/00), 761 So.2d 625. See also Paddio-Johnson v. St. Helena Head Start, 610 So.2d 901, 902 (La. App. 1st Cir. 1992). As such, the October 25, 2016 judgment of the district court dismissing Defendant's, Amy Ferguson's, suspensive appeal, is hereby reversed, and the appeal is reinstated and maintained.
WRC
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT