Opinion
55,318-CW
06-01-2023
MONROE MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD v. REGINALD BROWN AND THE CITY OF MONROE
MINNIFIELD & HARPER Pamela Rene Harper and- CAROL POWELL LEXING & ASSOCIATES Carol Denise Powell-Lexing Counsel for: Reginald Brown HAMMONDS SILLS ADKINS GUICE Elmer Gray Noah, II Counsel for: Monroe Municipal Fire and Civil Service Board
FILED: 05/09/23
RECEIVED: FEDEX 05/08/23
On application of Reginald Brown for SUPERVISORY WRIT in No. C-2022-1506 on the docket of the Fourth Judicial District, Parish of OUACHITA, Judge Daniel Joseph Ellender.
MINNIFIELD & HARPER Pamela Rene Harper and- CAROL POWELL LEXING & ASSOCIATES Carol Denise Powell-Lexing Counsel for: Reginald Brown
HAMMONDS SILLS ADKINS GUICE Elmer Gray Noah, II Counsel for: Monroe Municipal Fire and Civil Service Board
Before PITMAN, STONE, and THOMPSON, JJ.
WRIT GRANTED; REMANDED FOR PERFECTION AS AN APPEAL.
The applicant, Reginald Brown, seeks supervisory review of the trial court's December 22, 2022, ruling reinstating the Monroe Police Department's termination of his employment and the January 31, 2023, judgment denying a motion for appeal and a motion for rehearing. The December 22, 2022, judgment is a final and appealable judgment. In re Succession of Scurria, 45,292 (La.App. 2 Cir. 8/25/10), 47 So.3d 620. Applicant's motion for suspensive appeal was timely and properly filed and the trial court erred in denying the motion for appeal as untimely in the January 31, 2023, judgment. That portion of the trial court's ruling is reversed and this matter is hereby remanded to the trial court for perfection of the suspensive appeal in which the remaining issues may be resolved.