Opinion
NO. 2016 CW 1434
02-06-2017
TRAVIS JAMAL LEDEE v. STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS ELYAN HUNT CORRECTIONAL CENTER
In Re: State of Louisiana through Louisiana Department of Public Safety and Corrections, Elayn Hunt Correctional Center, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 69730. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. Resonable doubt concerning abondonment should be resolved in favor of maintaining the action. Bell v. La. State Police, 2013-0863 (La. App. 1st Cir. 12/23/14), 168 So.3d 518, 525-26, writ denied, 2015-0160 (La. 4/10/15), 163 So.3d 805.
VGW
JMG
McClendon, J., dissents and would grant the writ. The district court was legally incorrect in denying Defendant's, State of Louisiana through Louisiana Department of Public Safety and Corrections' Elayn Hunt Corrections Center's, ex parte motion to dismiss for abandonment. Plaintiff, Travis Jamal LeDee, failed to pay full court costs and fees within three (3) years from the date when costs and fees were incurred. La. R.S. 15:1186(B)(2)(c). Black v. David Wade Corr. Ctr., 50,813 (La. App. 2d Cir. 8/10/16), 200 So.3d 866. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT