Opinion
NO. 2018 CW 1447
01-23-2019
PATRICIA SAVOIE HUNT, INDIVIDUALLY AND ON BEHALF OF HER DECEASED MOTHER, BERTHA SAVOIE v. HOSPITAL SERVICE DIST NO. 1 D/B/A TERREBONNE GENERAL MED. CTR CONSOLIDATED WITH OLIVE SAVOIE DUMEZ, INDIVIDUALLY AND ON BEHALF OF HER DECEASED MOTHER, BERTHA SAVOIE v. HOSPITAL SERVICE DIST NO. 1 D/B/A TERREBONNE GENERAL MED. CTR
In Re: Theresa Robichaux, Clerk Of Court of 32nd Judicial District Court for the Parish of Terrebonne, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 174232 c/w 174510. BEFORE: WHIPPLE, C.J., WELCH AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. The district court's August 28, 2018 ruling is an appealable ruling. See Johnson v. Foret, 2015-943 (La. App. 3d Cir. 11/12/15), 179 So.3d 812; Hoyt v. State Farm Mutual Automobile Ins. Co., 623 So.2d 651, 664 (La. App. 1st Cir. 1993), writ denied, 629 So.2d 1179 (La. 1993). Thus, the writ application is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to relator, Theresa Robicheaux, Clerk of Court of the 32nd Judicial District Court, Parish of Terrebonne, pursuant to the September 24, 2018 Notice of Intent to Seek Supervisory Writ. See In Re Howard, 541 So.2d 195 (La. 1989) (per curiam). Additionally, a copy of this court's order is to be included in the appellate record.
VGW
WRC
Welch, J. dissents and would deny the writ. La. R.S. 13:841(A) establishes the maximum fees which may be charged by clerks of court for certain enumerated services. Subsection (A)(2) provides certain fees for "filing" a document. The fees sought to be charged by the Clerk of Court herein related to exhibits introduced into evidence during trial on a CD-ROM. Although the term "filing" is not defined in the statute, other provisions distinguish between documents to be "filed" and "exhibits introduced in evidence." See La. Code Civ. P. art. 253. Accordingly, the "filing" fee utilized by the Clerk of Court for the exhibits introduced into evidence is inapplicable. Moreover, the provisions of La. R.S. 13:841 which reference fees for the filing, receipt or issuance of electronic documents for clerks of court that establish procedures for the filing, receipt or issuance of such documents by electronic means is inapplicable to the Terrebonne Parish Clerk of Court, which has not established such procedures, pretermitting the issue of whether that provision would apply to the introduction of evidence during trial even if such procedures were in place. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT