Opinion
NO. 2018 CW 1095
08-06-2018
SUZANNE PARSONS v. JOHN RAYMOND AND MELISSA HENRY, ST. TAMMANY PARISH CLERK OF COURT
In Re: Suzanne Parsons, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 1211585. BEFORE: WHIPPLE, C.J., GUIDRY, PETTIGREW, McDONALD, McCLENDON, WELCH, HIGGINBOTHAM, CRAIN, THERIOT, HOLDRIDGE, CHUTZ AND PENZATO, JJ.
WRIT DENIED. The district court's August 1, 2018 judgment dismissing with prejudice Parsons's suit challenging John G. Raymond's candidacy for the office of Representative for Louisiana House of Representatives District 90 is a final, appealable judgment. See La. C.C.P. arts. 1673 and 1841. In order to perfect appellate review of the August 1, 2018 judgment, Parsons was required to comply with the provisions of La. R.S. 18:1409(D), by obtaining an order of appeal and posting bond for a sum fixed by the court to secure the payment of costs "[w]ithin twenty-four hours after rendition of judgment." Parsons did neither. Instead, Parsons filed a Motion and Order for Writ of Review in the trial court on August 1, 2018, and by order dated that same date, the trial court granted Parsons a writ of review returnable on August 3, 2018. Parsons then e-filed an Application for Writ of Review with this court at 4:35 p.m. on Friday, August 3, 2018.
Because Parsons did not obtain an order of appeal or post bond for a sum fixed by the court to secure the payment of costs "[w]ithin twenty-four hours after rendition of judgment," she failed to perfect her right to appellate review as granted by La. R.S. 18:1409(D) of the Election Code, and the judgment of the trial court is now final. See Francois v. Thibodeaux, 02-1588 (La. 6/12/02), 821 So. 2d 479 (per curiam), and Dumas v. Jetson, 446 So. 2d 747, 749 (La. App. 1st Cir. 1983), writ granted in part and remanded on other grounds and writ denied in part, 445 So. 2d 424 (La. 1985).
JMM
PMc
JEW
TMH
WJC
MRT
GH
WRC
AHP
VGW
JMG
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT