Opinion
NO. 2018 CW 0609
07-23-2018
CARLTON CHARLES v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
In Re: Carlton Charles, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 654025. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The district court's March 23, 2018 judgment that dismissed Carlton Charles' action, without prejudice, is a final appealable judgment. La. Code of Civ. P. art. 1841. The writ is granted for the limited purpose of remanding this matter to the district court with instructions to grant Mr. Charles an appeal pursuant to his notice of intent to appeal, upon compliance with the requirements for an appellate pauper motion. See In Re Howard, 541 So.2d 195, 197 (La. 1989) (per curiam). This court further notes that, although Mr. Charles stated that he intended to appeal the denial of his motion for reconsideration, appellate courts consider an appeal of the denial of a motion for new trial as an appeal of the judgment on the merits. State ex rel. Division of Administration, Office of Risk Management v. National Union Fire Ins. Co. of Louisiana, 2013-0375 (La. App. 1st Cir. 1/8/14), 146 So.3d 556. In the event relator seeks to appeal the trial court's judgment, he shall submit an order for appeal and his appellate pauper motion to the trial court by August 6, 2018. Additionally, a copy of this court's order is to be included in the appellate record.
AHP
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT