Opinion
NO. 18-C-700
12-12-2018
ABDULLAH MUHAMMAD A/K/A KIRK SPENCER v. OFFICE OF THE DISTRICT ATTORNEY FOR THE PARISH OF ST. JAMES, ET AL
Susan Buchholz First Deputy Clerk IN RE ABDULLAH MUHAMMAD A/K/A KIRK SPENCER APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ST JAMES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE KATHERINE TESS STROMBERG, DIVISION "C", NUMBER 36,508 Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson
WRIT GRANTED FOR LIMITED PURPOSE
In this case arising from a writ of mandamus seeking public records, relator Kirk Spencer seeks supervisory review of the trial court's October 9, 2018 judgment denying his request for costs and attorney's fees and damages and penalties pursuant to La. R.S. 44:35 and dismissing with prejudice his petition for a writ of mandamus. A judgment that determines the merits in whole or in part is a final judgment. La. C.C.P. art 1841. The October 9, 2018 judgment determines the merits of the case as between the relator and respondents, and is therefore a final judgment. A final judgment is reviewable by this Court pursuant to its appellate jurisdiction. La. C.C.P. art. 2083. We therefore decline to exercise our supervisory jurisdiction to address the merits of this writ application; however, we invoke our supervisory jurisdiction for the limited purpose of instructing the trial court to construe relator's notice of intent as a motion for appeal.
Gretna, Louisiana, this 12th day of December, 2018.